04-01-92CITY OF
1P~tla.rtie $raelr - ~losida
April 22, 1992
Honorable Mayor
City Commission Members
Atlantic Beach, Florida
Dear Hayor and Ci[y Commission Members:
eas sew.vo~E anAo
ATI.~\TIC BEACH. FIDRmA R[115i1T
7ELFAIOAE OOII XFSaW
FA% IAaq 2lFSp5
I have been in the process of negotiating with Captain John
Campbell of our Police Department for the purposes of asking him
to represent our City in collective bargaining relations ulth all
three of our unions. Please recall Captain Campbell turren[ly
negotiates viCh the F.O.P.
Accordingly. he has agreed [o represent staff and ve have derived
a figure of 51,000 for [he F.O.P., ;1,000 for the Public Works
and {1,000 for the Fire Department as a flat rate to compensate
him for [he many hours of additional time required for this
process beyond his normal working hours.
In Cha[ Chis amount is within my jurisdiction to approve, I
vented you to be nonetheless aware of this arrangement and the
great benefit ve have derived from utilizing the talents of
Captain Campbell.
Please do not hesitate to contact me if you have say questions or
desire additional information.
Sincerelyn
~vV ~~~~
im D. Leinbach
City Hanager
KDL.dst
cc: City Attorney
Finance Director
REF: KDL. 93
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;e Two
~o Co lfayot and City Commission
ril 7, 1992
i
[izen of the Year could also receive other tangible benefits such as:
Free parking decal
Free Atlantic Beach auto Cag
No charge for pet licenses, oz any other such
concessions [he City Commissicn may wish to offer.
Suggest first Citizen of the year be selected in the fall of [his year,
with presentation being made next Christmas.
xc: City Manager
CITY OF
~t(,antie b"eaek - ~lMida
April 7, 1992
To: The Honorable Mayor and C.iAty Como,mission
From: Maureen King, City Clerk '',K'M J
800 SEMINOLE hOAD
ATLAMIC BF.1CH, FT.ORD11 lIUJ-Sits
TEIFAIOME (901) 2h5800
FA%1900 2(FgDS
Zn response to your request for reco®endations regarding Che selection
of a Citizen of the year, the following is presented for your
consideration.
Nomination: Suggest nominations be open to individuals who have
donated time, tangible items or funds, or professional
expertise, or who have made any other contribution deemed
to be beneficial to the city. The City Commission may
with to extend the nominations [o include groups to alloy
hu aid and wife teams or organizations (such as Publix,
Bank, or Continental Cablevision) whose firms or
employees have made contributions which benefited the
c icy, to qualify for nomination.
N¢minations could be made by department heads,
employees. board members or standing committee members.
Nomi¢ations should be presented in writing outlining the
contributions of the nominee.
Selection: Appoint a committee to review the nominations and present
a shore list to the Cicy Commission for final selection.
Selection committee could be comprised o'_ those persons
eligible [o make nominations; however, anyone who had
submitted a nomination should not be eligible to serve on
the se lettion committee.
Presentac ion: Present Resolution to the Citizen of the Year at
Christmas Tree lighting or other public event, and follow
up with a report (with picture) in [he Beaches Leader and
Courier. Duplicate resolution could be displayed in City
Hall until [he Citizen of [he Year is chosen the
following year.
and restrict the time and location of such garage sale.
There shall 6e no fee for the issuance of such permit,
but no more Chan three (3) such permits may be issued to
one residence and/or family, household, or organization
during any calendar year. No permit shall be issued f.or
more [ha¢ two (2) consecutive days. Such sales shall be
held during daylight hours only. Each permit issued
must be prominently displayed on the premises upon vhic6
said sale is held. All merchandise to be sold at such
sale shall be displayed in an enclosed garage of torpor[
and at no time shall merchandise be displayed on a
public right-of-way or Swale area, provided, however, if
no enclosed garage or carport exists ac said location
merchandise may be displayed on a private driveway.
e. One (1) temporary sign, ao[ to exceed four (4) ~square~
fee[ (double,-faced is permissible) shall be permitted on
the property where the sale is to be conducted. In
addition, a nazimum of two (2) other such signs, not to
exceed two (2) square feet each, shall be permitted to
be placed on other private property with the permission
of the owner or occupant. In no event s6a11 signs be'
placed on public property nor shall the same be erected
or displayed more than twenty-four (24) hours before the
sale ie to begin and such signs shall be removed
immediately upon the termination of the sale.
f. Parking - all parking of vehicles shall be conducted in
compliance with all applicable lays and ordinances. The
Police Department may enforce such temporary controls
which would alleviate say such hazards and/or congestion
caused by any garage sale.
g. Violations -
These axe' the basic elements which would in my opinion regulate
garage sales and hopefully preclude those who~have abused this
method of personal property sale. It is a draft for your
coaslderatian and we will be most happy to refine and amend the
same sa you deem appropriate. L would recommend [hat if you wish
to proceed, the Ci[y Attorney be instructed to convert the same
into [be proper legal format.
Sincere~l~~y}/,~/~ J~~//~/jj
im D. Leinbach
City Nanager
RDL.dst
tea-
CITY OF
~4tla«tic book - ~fmtufa
Harch 23, 1992
Honorable Hayor
City Commission Hembers
Atlantic Beach, Florida
Dear Hayor and City Commission Hembers:
BOU SEMn~OIE RMD
AiLANRC BFACn, FlAR0a1 JT.UJ-SMS
rII)PNON[ Nso NF58o0
FMr (gpw 2f1905
Please recall at tLe last regular City Commission meeting citizen
concern was beard Sn regards to abuse of garage sales by an
individual on Hogal Palms. Subsequently, this office vas asked
to propose an ordinance in regards to regulating [Le same.
Aeeord ingly, I have reviewed the matter and would recommend that
Lhe City Attorney construct an ordinance based upon the following
provisions:
a. Definition - the term ^garage sale^ shall mean any sale
or offering Sor sale of personal property by a person or
persona of a~family or other household unit, said
personal property having been acquired, possessed and
used by the family oz household for personal as opposed
to business or commercial use, Vhen such sale is to be
or ie conducted at the present residence of such family
or household. The term shall Saelude sales commonly .
referred to patio sales, driveway sales, yard sales and
other such sales. The term shall not include the sale
or offering for sale any goods on consignment, nor shall
it include the sale or offering for~sale of goods for
more [Lan three (3) families ar households.
b. Garage sales shallrulesoandcregulationslnotcinwco of lict
laV6, ordinance 6.,
with this chapter.
c. Ezemption - the provisions (regulating garages sales)
shall not apply to sales of personal property made
pursuant to a valid order of the court of competent
jurisdiction.
d. Permit - no garage sale shall be conducted within the
City without a permit having been first issued for such
sale by [he Ci[y Hanager. Such permit shall set forth
..,... _ _
20NING AND SU6DIV ISION REGULA'fIC1Ng § 24-!59
Sre. 29-169. Home occupations.
Intent To recognize the need for people to conduct small-scale home occupations, which
are inridental to the primary use of the residence, while preserving the character o[ residen-
tial neighborhoods end minimizing traiGc and nonresidential disturbances.
(e) A home occupation that is solely used for the purpose of receiving phone calls and
keeping business records is correction with any profession or ocoupation or any business
eetivity of a sedentary nature, ea listed in (7) below, shall be permitted in all residential
districts and shell require a "convenience license." Service occupations including, but not
)united to beauty ealodbarber (limited m one operator), carpenters, minor contracmrs doing
remodeling or home repaim, wall papering, 11cor covering or file work, cosmetic sales, pet
grcoming, repairmen (household appliances), travel agents, painters, window cleaners, and
maid m Lwn xrvice, shall oleo be permitted, Provided no more than one vehicle u used in the
hasinese and the applicant can meet all other conditions provided herein. The following
eoaryntiom shall not he permitted m home oecupatious: EarortlmtroduMion cervice, maneage
therapist, welding, vehicle repair. manufacturing each ea cabinet making, on.upholetering.
Home ooeupations shall not 6e permitted is areas which ere restricted by deed when such
documents ere recorded in the public records of Duval County and on file with the city clerk of
the City of Atlantic Beach. All other bueineae activities shall be restricted to the commercial
disricta. The following regulatlone shall apply to home occupations:
(I) The addrae of the home oceupatioa shall not appear is the telephone book, oa
letterhead, checks ar any type of advertising.
(2) No one other fLen immediate family members residing on the premises shall be
involved in the oorupetion. There shall be a limit o[ one license per pereou, and uo
more then two (2) !icemen Per household. The home oavpation shall be nontransferable.
(g) All buai>reae activities conducted on the licensed premises ehail be conducted entvely
within the dwelling. There sYsll be no outside storage or outside use aC equipment ar
materials.
(4) No more than one (1) mom of the dwelling shall be used to conduM the occupation,
provided the aces of that room does sat exceed twentydive (25) percent o[ the total
living area of the dwelling-
(~ No erSernal sign or evidentt that the dwelling is being used for the home occupation
shall be allowed.
(g) There shell be no pedestrian ar vehicular traffic, noise, vibration, glare, fumes, odors
or electrical interference as a result of the home oaupaticn.
(7) The following are typicel occupations that are acceptable as home occupations: Ac-
countant, architect, artist, attorney, bookkeeper, consultant, auctioneer, seamstress
or tailor, insurance agent, music iwtructor, photographer, piano tuner, real estate
agent, aecretnrial services, telephone answering service, hobby/crafts (not involving
heavy equipment).
Sapp. No.9
1457
~:_,.
CITY OF
rQtla«ta b"eae(s - ~lmuda
800 BENINOLE ROAD
ATL.iNTIC BE9C11, FIARmA )rl3l-S9L5
TELFPFIONE (909) 2915800
FA% (90612015105
April 8, 1992
To: The Honorable Mayor and City Commissioners
From: Maureen King, City Clerk
Subject: GARAGE SALES
At the last Commission meeting this office vas directed to look into the
subject of garage sales as they relate to occupationai licenses. I[ is
the opinion of this office that it wculd not be appropriate to issue
occupational licenses for garage sales for the follwing reasons:
1. O<cupational licenses are issued fora period of one year, from
October 1 to September 30 of the follwing year. An occupational
license would, therefore, alloy the holder to have as many garage
sales as they wished during that time.
2. Allowing garage sales to operate on a year-round basis would, in
essence, be approving flea markets to operate in residential
districts. This type of activity would not be in compl fence with
[he City Code, Section 24-159, Home Occupations.
I felt the intent of the City Commission vas to provide a meatus to
regulate and limit the number of garage sales a resident could have, and
in Chia regard ve polled ten neighboring cities and submit the
following:
- 4 cities had no garage sale regulations and reported no problems
- 5 cities required permit (2 had no charge for permi [, others ranged
from ;£.00 to ;5.00) -
- One city did not require a permit but allowed four garage sales per
yesr
- Cities with regulations alloyed 3 or 4 garage sales per year
Most cities indicated [hey had experienced no problems and felt [he
ordinance vas enforced only if a complaint vas received.
If it is the desire of the City Commission to regulate garage sales I
vwid suggest a permit system could be established indicating [he number
of garage sales which would be alloyed per household per year. You may
wish [o refer [o [he City Manager's recommendations in his memo of March
23, 1992.
..
Nr. Bob Kosoy
April 3, 1992
Page - 3
of the services, provided that any such claim, damage, loss or
expense is caused in whole or in part by the negligent act,
omission and/or strict liability of the Owner anyone directly or
indirectly employed by Owner (except J. Lucas 6 Associates,
Inc.), or anyone for whose acts any of them may be liable. This
shall not apply to negligent acts, omissions and/or strict
liability for which J. Lucas & Associates, Inc. is not
responsible.
TFRNTNATION OF SERVICES
This agreement mey be terminated either by Owner or J. Lucas S
Associates, Inc., should the other fail to perform its
obligations hereunder. In the event of termination, Owner shall
pay J. Lucas & Associates, Inc. for all services rendered to the
date of termination, all reimbursable expenses and reimbursable
termination expenses.
JLRPi Ti'AAT.F i.AWS
Unless otherwise specified, this agreement shall be governed by
the laws of the State of Florida.
If this proposal meets with your approval, please execute both
copies and return one copy for our files. We look forward to the
opportunity of working with you on this project.
n Sincerely,
J, LUG'~A///$"//b ASSOCIATES, INC.
JalM1efs M.P.E.
/ President
Approved and Authorized for City of Atlantic Beach
BY:
DATE
~-, . _,
a . .
Mr. Bob Kosoy
April 3, 1992
Page - 2
This proposal does not include:
1. Permit fees
2. Soil evaluations
3. Construction management and inspection phase services
SCHEDULE OF WORK
We will commence the work immediately upon being given notice to
proceed, and we will work to meet any reasonable deadline.
We propose to prepare the plans and specifications and permits
for review and bidding for the lump sum price of $9,800.00.
SCHEDULE FOR PAYMENT
Invoices will be submitted monthly based upon the percentage of
work completed at that time. Payment will be due upon receipt of
invoices. if payment is not received within 30 days from the
date of the invoice, interest will be charged at a rate of 1-1/2$
per month on the unpaid balance retroactive to the invoice date,
and J. Lucas S Associates, Inc. may, without waiving any claim or
right against Owner and without liability whatsoever to Owner,
terminate the performance of the service. Retainers shall be
credited on the final invoice. In the event any portion or all
of an account remains unpaid 90 days after billing, Owner shall
pay all costs of collection, including reasonable attorney s
fees.
LIABILITY
It is understood and agreed between both parties to this
Agreement that Owner agrees to limit J. Lucas & Associates,
Znc.•s liability to Owner and/or any of its subsidiaries, and to
all construction contractors and subcontractors on the projects
for errors, negligent acts, or omissions resulting form these
professional services to an aggregate amount not exceeding J.
Lucas E Associates, inc.•s professional services fees or
$25,000.00, whichever is greater.
INDEMNIFICATION
Owner shall indemnify and hold harmless J. Lucas a Associates,
inc. and all of its personnel from and against any and all
claims, damages, losses and expenses (including reasonable
attorneys fees) arising out of or resulting from the performance
,~__..-
J. lveaa t Aaaociates,l«e.
Design 8 Consulting Engineers
James M. Lucas, P.E.
April 3, 1992
Wr. Bob Rosoy
Director of Public Services
City of Atlantic Beach
1200 sandpiper Lane
Atlantic Beach, Florida 32233-4381
Re: Proposal for Chlorine Contact Facility
Buccaneer Wastewater Treatment Plant
Dear Mr. Kosoy:
RanEaA s. wtlder. P.E.
J. Lucas & Associates, Inc. is pleased to submit an
engineering fee proposal for preparation of plans and
specifications for the Buccaneer plant improvements as described
in greater detail below under Scope of Work. This proposal will
remain in effect for a period of 60 days from the date of this
letter. Acceptance after that period is subject to a review of
the conditions stated herein, and possible revision by J. Lucas a
Associates, Inc. in response to changed conditions.
SCOPE OF WORK
The work will include:
1. Design of a chlorine contact and sulfur dioxide chamber
].orated at the existing sludge drying bed.
2. Design of automatic feed chlorine and sulfur dioxide
systems.
3. Design of ton handling facility for both the chlorine and
sulfur dioxide cylinders including the necessary load cells
and indicators.
4. The conversion of the existing contact chamber to a digester
for additional sludge capacity.
5. The interconnecting piping between the existing treatment
units and the new chlorine contact tank along with the
chlorine and sulfur dioxide solution piping.
6. The installation of the necessary instrumentation required
to control the amount of chlorine and sulfur dioxide.
8417 Baymeadova Way, Su4e 1 • Jacksonville, FL 32256
904-6369844
Mr. Bob Kosoy
April 3, 1992
Page - 3
of the services, provided that any such claim, damage, loss or
expense is caused in whole or in part by the negligent act,
omission and/or strict liability of the Owner anyone directly or
indirectly employed by owner (except J. Lucas s Associates,
Inc.), or anyone for whose acts any of them may be liable. This
shall not apply to negligent acts, omissions and/or strict
liability for which J. Lucas s Associates, Inc. is not
responsible.
TERMINATION OF SERVICES
This agreement may be terminated either by Owner or J. Lucas &
Associates, Inc., should the other fail to perform its
obligations hereunder. In the event of termination, Owner shall
pay J. Lucas & Associates, Inc. for all services rendered to the
date of termination, all reimbursable expenses and reimbursable
termination expenses.
APPLICABLE LAWS
Unless otherwise specified, this agreement shall be governed by
the laws of the State of Florida.
If this proposal meets with your approval, please execute both
copies and return one copy for our files. We look forward to the
opportunity of working with you on this project.
Sincerely,
J. C 6 ASSOCIATES, INC.
\ ~~
J s M. Lucas, P.E.
President
Approved and Authorized for City of Atlantic Beach
DATE
K_- _.
t
Mr. Bob Kosoy
April 3, 1992
Page - z
This proposal does not include:
1. Permit fees
2. soil evaluations
3. Construction management and inspection phase services
SCHEDULE OF WORK
We will commence the work immediately upon being given notice to
proceed, and we will work to meet any reasonable deadline.
COMPENSATION
We propose to prepare the plans and specifications and permits
for review and bidding for the lump sum price of $9,800.00.
SCHEDULE POR PAYMENT
Invoices will be submitted monthly based upon the percentage of
work completed at that time. Payment will be due upon receipt of
invoices. If payment is not received within 3o days from the
date of the invoice, interest will be charged at a rate of 1-1/2$
per month on the unpaid balance retroactive to the invoice date,
and J. Lucas 6 Associates, Inc. may, without waiving any claim or
right against Owner and without liability whatsoever to Owner,
terminate the performance of the service. Retainers shall be
credited on the final invoice. In the event any portion or all
of an account remains unpaid 90 days after billing, Owner shall
pay all costs of collection, including reasonable attorney's
fees.
LIABILITY
it is understood and agreed between both parties to this
Agreement that Owner agrees to limit J. Lucas 6 Associates,
Inc.'s liability to Owner and/or any of its subsidiaries, and to
all construction contractors and subcontractors on the projects
for errors, negligent acts, or omissions resulting form these
professional services to an aggregate amount not exceeding J.
Lucas fi Associates, Inc.'s professional services fees or
$25,000.00, whichever is greater.
INDEMNIFICATION
Owner shall indemnify and hold harmless J. Lucas b Associates,
Inc. and all of its personnel from and against any and all
claims, damages, losses and expenses (including reasonable
attorney's fees) arising out of or resulting from the performance
~.•~,~, .
J. lveas t A44ocoa~cs, 1.-t.
Design & Consulting Engineers
James M. Lucas, P.E.
April 3, 1992
RarMa115. WilEer, P.E.
!~rl:.~
lir. Bob Kosoy F ,_,~ ., ,.„v.:, J
Director oP Public Services
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233-4381
Re: Proposal for Chlorine Contact Facility
Buccaneer Wastewater Treatment Plant
Dear Mr. Kosoy:
J. Lucas S Associates, Inc. is pleased to submit an
engineering fee proposal for preparation of plans and
specifications for the Buccaneer plant improvements as described
in greater detail below under Scope of Work. This proposal will
remain in effect for a period of 60 days from the date of this
letter. Acceptance after that period is subject to a review of
the conditions stated herein, and possible revision by J. Incas 6
Associates, Inc. in response to changed conditions.
SCOPE OP WORK
The work will include:
1. Design of a chlorine contact and sulfur dioxide chamber
located at the existing sludge drying bed.
2. Design of automatic feed chlorine and sulfur dioxide
systems.
3. Design of ton handling facility for both the chlorine and
sulfur dioxide cylinders including the necessary load cells
and indicators.
4. The conversion of the existing contact chamber to a digester
for additional sludge capacity.
5. The interconnecting piping between the existing treatment
units and the new chlorine contact tank along with the
chlorine and sulfur dioxide solution piping.
6. The installation of the necessary instrumentation required
to control the amount of chlorine and sulfur dioxide.
8471 Baymeatlows Way, Suite 1 • JackSOmille, FL 32256
904-636-9844
J. (L
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CITY OP A17.ANTIC BEACH
CITY COMMISSION NEETINC
STAFF REPORT
AGENDA ITEM: ACCEPTANCE OF 1, LUCAS b ASSOCIATES. INC. PROPOSAL FUR
DESIDN OF iiEW ChLORINE CONTACT FACILITY AT BUCCANEER WWTP.
SUBMITTED BY: Robert S. Kosov/Director of Public Works ~/
DATE: Aor it 9- 1992
HACRGROOND: Buccaneer Wastewater Treatment Plan[ requires Che following
upgrading of [he facilf cy:
i
1) New larger Chlorine Contact Chamber with Sulfur Dioxide
Injection Point.
2) New Ton Handling Facility for Chlorine and Sulfur Dioxide.
3) To convert existing Con[ac[ Chamber [o Sludge Thickening
Tank.
4) To modify existing controls and design, additional
controls to meet all government agencies/regulations.
e
`
5) These items were budgeted for in FY 91-92. !
Staff evaluated four Technical Proposals from: I
1) J. Lucas b Assoicates
2) Pit [man, Hartensce in A Associates
3) Vargas A Asaoclates
4) Flood Engineers - ~
Subsequently, staff requested and received cost proposals ',
from three of [he firms:
1) J. Lucas A Associates submit red the loves[ cost proposal
at $9,800.00 to prepare engineering plans and spec £f Stations.
The monies are from account 440-4402-535.63-00 of vhFCh
there are sufficient funds.
REC0lDgNNDATION: To award to J. Lucas S Assoc ia[es, Inc.
ATTACHMFNIS: J. Lucas b Assotia s, Inc. Pro sa
REVIEWED 8Y CITY MANAGER:
~7~
_
D
AGENDA ITETI NO. c+
Mr. Bnb Kosoy
March 16, 1992
Page 4
'1~ agreemeot may be terminated either by Owner or Connelly & Wicker Inc. should the other Cail
to perforto its obligations hereunder In the even[ of termination, Owner shall pay Connelly &
Wicker Inc. [or all services rendered to the date of termination, all reimbursable expenses, and
reimbursable termination expetues.
APP[ICABI.E TAWS
Unkss otherwise specified, this agreement shall be governed by the laws of the State of Fbrida.
[f this proposal meeu with your approval, please execute both copies and return one copy for our
fks. We bok forward to the opportunity of working with you on this project.
Very truly yours,
Brig%~~ ~ ~ ~
Project Manager
BEK/mao
Approved and Authorsed Cor City of Atlantic Beach
By. Date
Ap~ d a Authorised for Conne/lly & Wicker Inc.
/ 3 ~~~9Z
By. / Date
~.
~-
Mr. Bob Kosoy
March 16, 1992
Page 3
USE OF DOCUMENTS
It is further understood and agreed tha[ the mnstmc[ion documents and the ideaz and designs
incorporated therein az an instrument of professional service are the progeny oC Connelly & Wicker
Inc. and are not to be used in whole or part, for any other project without written authorization of
Connclty & Wicker Inc. Owner is hereby advisedM•arned that such unauthorized use ran be very
risky, and Owner does therefore agree and warrant to hold Connelly & Wicker Inc. harmless for any
such unauthorized use and to diligently defend and/or indemnity Connelly & Wicker Inc. from all
claims, damages and expenses against Connelly & Wicker Inc. resulting out of said unauthorized use.
[.IABIII7Y
It is understood and agreed between both parties to this Agreement that Owner agrees to limit
Connelly & Wicker, Ine.'s liability to Owner and/or any oC its subsidiaries, and to all construction
contractors and subcontractors on the projects Cor errors, negligent acts, or omissions resulting from
these professional services to an aggregate amount not exceeding Connelly & Wicker Ine.'s
professional services fees or 550,0(10.00 whichever u greater.
In consideration of the unavailability oC professional liability insurance for services involving or
relating to hazardous waste materials and since it iz not the intent of thu agreement for Connelly &
Wicker Inc to provide services imrolving or relating to hazardous wazte materials nor is any such
exposure anticipated by either party under this agreement, it is agreed that the Owner shall indemnify
and hold harmless Connelly & Wicker Inc. and its consultants, agents and employees Crom and against
all claims, damages, losses and expenses, direct and indirect, or consequential damages, including but
not limited to fees and charges of attorneys and coon and arbitration costs, arising out of or resulting
from the performance of the work by the Engincer, or claims against Connelly & Wicker Inc. related
w hazardous wazte materials or activities. This indemnification provision extends to claims against
Connely & Wicker Inc. which arise out ot, are related to, or based upon the dispersal, discharge,
escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids,
gases or arty other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto,
upoq in or into the surface or subsurface (a}soil, (b) water, or waterwurse, (c) objects, or (d) any
tangtbk or intangible matter, whether sudden or not.
Owner shall indemnify and hold harmless CWl and all of iL permnnel from and against any and all
claims, damages, kxcus and expenses (including reasonable attorney s fees) arising out of or resulting
from the performance of the services, provided that any such claim, damage, loss or expense is caused
in whole or in part by the negligent act, omission, and/or strict liability of the Owner anyone directly
or indirectly empkryed by Owner (except Connely & Wicker Inc.), or anyone Cor whose acts any of
them may be liable. This shall not apply to negligent acts, omissions and/or strict liability for which
Connelly & Wicker Inc. is responsible.
Mr. Bob Kosoy
March 16, 1992
Page 2
We will commence the work immediately upon being given notice to proceed, and we will work with
you to meet any reasonable deadline.
It is proposed the payment for our service be on the bazis of our current hourly rates set forth beknv
plus andy required reimbursable coats.
Cate¢orv Hourly Billine Rata
Principal Engineer S 80.00
Senior Engineer S 70.00
Design Engineer S 60.00
EngineedDesigner f 50.00
Technician f 35.00
Dra[ter f 30.00
Secretary S 25.00
Reimbursable coati include fees o[ Professional Associates (whose expertise is required to complete
the project) and outvf-pocket expenses. Outof-pocket expenses shall include but not be limited to
travel expeoses (lodging, meals, etc.), job-related mileage at 20 cents per mile, long distartce
telephone rolls, printing and reproduction costs, and sperial supplies and materials.
Based on our understanding of the work to be performed, we recommend that you budget the
folbwing:
1. Topographic Survey 52,000.00
2 Design & Permitting Phase 55,400.00
3. Bid Phase and Conatrunion Phase Services 33,2110.00
Invoiw will be submitted monthly based upon the work complete at that time. Payment will be due
upon receipt of invoices. I[ payment is not received within 30 days Crom the date of the invoice,
interest will be charged at the a rate of 1-1R percent per month on the unpaid baWnce retroactive
to the invoice date, and Connelly & Wicker Inc. may, without waiving arty claim or right agairtst
Owrter and without liabihty whatsoever to Owner, terminate the performance of the service.
Retainers shall be credited on the final invoice. In the event any portion or all of an account remairss
unpaid 90 days after billing. Owner shall pay all costs of collection, including reasonable attorney's
fees.
r~ ~ ~ PRJFESSUMI~S
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Connelly & Wicker Inc.
Consulting Engineers
March 16, 1992
Mc Bob Kosoy
Director of Public Services
City of Atlantk Heath
716 Ocean Blvd.
Atlantk Beach, FL 32733
Re: Engineering Services Proposal
Levy Road Improvements
Project No. 8906-15
Dear Mr. Kosoy.
Connelly & Wicker Inc. is pleased to submit an engineering fee proposal Cor preparation of plans and
speciGcatioas for roadway improvements for Levy Road as descnbed in greater detail below under
Scope of Work. 7Lis proposal will remain in effect (or a period of 60 days from the date of this
ktter. Acceptance aster that period is subject to a review of the conditons stated herein, and
pas3k revision by Connelly & Wicker Inc. in resporue to changed conditions.
SCOPE OF WORK
The work will include the design and preparation of plate and apecificatioru for improvemeots to
Levy Road from Orchid Street to Levy Road. This portion of the project will be combined with a
prevausly compkled project (some revisarts to be made under this work) sorting at Mayport Road,
proceeding west abng Levy Road to Main Street. Tlu work w~l include preparation and submitol
otarry required stormwater permits from the SL Johm River Wakr Management District, preparation
o[detsil tau estimalea, aaz'tswue to the City during advertising and bidding phase, project inspection
sod contract administration az necessary during the cortstruaion phase.
Tltis proposal does not include:
1) Permit Fees
2) Soil Evaluations
3) Oftsite Drainage Work
P. O. BOX 51303 • JACXSONVILLE BEACH, FLORIDA 322A01343 •904249]995
pESTIN, FLORIDA • CASHIERS. NORTH CAROLINA
. ~ `e-
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CLTY OP AYLANTIC BFACH
CIT4 COlDfISSION l4TTINC
STAFP REPORT
~'
AGENDA ITEM: LEVY ROAD IMPROVEMENTS
SUBlfITTED BY: Robert S. Rosoy/Director of Public Works Y
DATE: April 10, 1992
BACRGRODND: The work will include the Design and Preparation of Plans
and Specifications for Roadway Improvements for Levy Road
from Orchid Street [o !lain Street. This portion of the
project will be combined with a previously completed
project (some revision [o be made under [his work) starting
a[ MayporG Road, preceeding west along Levy Road [o Main
S[ree[. The work will include preparation and submittal
of any required s[ozmwa ter permits from SJRWHD, preparation
of detail cost esc imates, assistance to the City during adver-
tising and bidding phase, project inspection and Contract
Administration as necessary during the Construction Phase.
The proposed schedule will be for surveying design and
permitting in PY 91-92 for $7,400.00.
Construction is planned for FY 92-93, after which Cime we
may have a commit [went from FDOT to fund '~ of the construction
costs. Ge tentatively plan co do inspection with Ci[y staff.
~'~ 7 ~1.7/r~.
The funds for [his pzoj ect are comivg from account 00150025413100,
which has Buff icievc funds co cover the cost of the above.
Accept Proposal of Engineer
ATTACBlD~NIS: Connelly d Wicker Engineering Pro osa
REYIEVFJ) BY CITY MANAGER: ~y(~.
AGENDA ITEM NO. U
~_
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F
n
betveen [he parties and that this agreement incorporates the
complete and only terms of [hat relationship.
8. The provisions of [his Agreement are severable, and if
any par[ of it is found [o be unenforceable, [he other paragraphs
shall remain fully valid and enforceable. This agreement shall
survive the termination of any agreements contained herein.
9. This Agreement sets forth the entire Agreement betveen
the parties hereto, and fully supersedes any and all prior
agreements and understandings betveen the parties hereto
pertaining [o the subject matter hereof.
Dated this day of 19
By
NITNessED:
James R. Jarboe
332 4th Street
Atlantic Beach; FL 32233
In compliance vlth the Charter of the City, I do certify chat [here
is an unexpended, unencumbered and unimpounded balance in [he
appropriation sufficient co cover the foregoing contract and provision
hae been made for the payment of the monies therein to be paid.
Director of Finance
APPROVED As TO FORM AND LEGAL
SUFFICIENCY:
City Attorney
t
pay for any holiday during which the City is closed for business.
4. The temporary employee understands and expressly agrees
that he is a temporary employee for all purposes, including a '
Federal or Stale S[a[u[e, and [ha[ he may not be deemed or
construed to be a regular employee of the Cicy. The temporary
employee further understands and expressly agrees that Che City
shall no[ provide any retirement benefits, personal leave
I
benefits, and that he will be responsible for his own health,
disability and life insurance coverage. The temporary employee
i
further understands and agrees chat his employment is not
regulated by or subject to the personnel policies governing
permanent employees of the Cicy contained in the Cicy Charter,
Code of Ordinances, or elsewhere. The temporary employee further
understands and agrees chat he will not be eligible for
unemployment compensation benefits upon [he termination of [his
Agreement under any cizcumstcnces. ~
5. Thls contract may be terminated by either party hereto
I
with notice of (30) thirty days upon the giving of written
notice.
6. The temporary employee's performance under this ~
agreement shall commence on the and
continue until the unless
extended by the mutual agreement of the parties, or unless this ~
Agreement Se terminated sooner in accordance with the prow islons 'i
set forth in Paragraph 5 above. ~',
7. The CSCy expressly claims and the temporary employee
agrees [hat only an employment a[ will relationship exists
TEMPORARY EMPLOYMENT AGREEMENT
This agreement is made and executed [his day of April
1992 by and between [he City of At lan[ic 8e ach, Florida, a
Municipal Corporation (hereinafter referred to as City). and
James R. Jarboe of Atlantic Beach, Florida.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLONS:
1. The Ci[y agrees to retain James R. Jarboe, hereinafter
referred [o as temporary employee in the capacity of Special
Project and Research Analyst For the City of Atlantic Beach.
2. The temporary employee agrees [o use his expertise and
best efforts in performing the responsibilities of but no[
limited to research and study relating [o various projects
assigned by the Mayor, City Commission or City Manager. Each
project shall be defined in detail (scope of services) with a no[
[o exceed cost de[eTmined and to be enforced unless amended by ~
s
the Mayor, Ci[y Commission or Cicy Manager. ~
3. In consideration for the above services rendezed by the 1
temporary employee as set forth in Paragraphs 1 and 2, the City i
agrees to pay him the sum not to exceed 538.00 per hour, not to
exceed an aggregate of 530,000, paid bi-weekly which shall 'i
constitute full and complete compensation for all services
rendered. The City shall deduct from the weekly gross wages due
Federal Income Tax Nithholding and Social Security. By executing
[his agreement Che temporary employee expressly acknowledges that
he is no[ entitled to any of [he usual and customary benefits,
terms and conditions of employment with the City. It is further
agreed that the [empora ry employee will not receive eight hours
`~_
`R
3
Fi-
_._.,
* Conducted a randoe digit dialing survey of Jacksonville
residents concerning crime for [he Mayor of Jacksoovi lle.
PERSONNHL NAMAGENBNT
• Managed the City of Jacksonville's Gran[ EsDloyee Personnel
Plan (1000+ employees].
* Nas responsible for the personnel management of the City of
Jacksonville's tluman Services Department [300 full time and
3000 Dari time employees].
• Have conducted on numerous occasions interviews for key staff
positions.
• Served as disciplinary hearing officer for all positions in [he
Jacksonville City Government funded Dy state and federal
grants.
GRANT/FUND RAISING
• Rave a txenty year history of successful grantsmanship,
resulting in millions of dollars for my employers. Developed
grants for human services, public works, health,
transportation, redevelopment, criminal justice, public safety
and job development projects.
• Acted as a consultant to many private and public agencies for
pzograa development.
* Developed and managed numerous special fund raising events.
These Gave included fisbinq tournaments, races, festivals, and
golf tournaments.
CONNONICATI011/PUBLIC RSWTIO#S
* Served as guest host for a radio talk shox on a regular basis.
• Appeared on a number of T.V. torn meeting p[ograms.
• Mrote articles and edited special subject inserts for "Nations
Cities Meekly" over a three year period.
+ Given speeches before local, regional, and national
organizations.
• Coordinated the program for the National League of Cities' 1980
annual conference.
* Acted as liaison to civic and couunity groups for the Mayor of
Jacksonville.
• Set up and participated in many Dress conferences.
PINANCB/BUDGETDIG:
* tlave developed numerous grant and contract budgets.
* Prepared city department and division level budgets.
Actively involved for many years in the development of the
Mayor of Jacksonville's Annual Budget.
• Served as Vice Chairman of the Jacksonville City Council's
Finance Couittee.
+ Bave used the Plan Program Budgeting System to develop numerous
comprehensive plans and budgets.
• Served on budget comaittee responsible for reviex of the
Jacksonville Electric Authority's Budget.
~.
}
~`
F
AcRlEVehBNrs
NMAGSNHIT
• Served as a Senior Aide [o the Mayor of Jacksonville [strong
mayor] with management oversight of city departments. This
position is equivalent to a DeDu[y City or Countp Namager.
* Administered a city department [300+ employees].
+ Nanaged a large division within a city department [90+
employees].
• Coordinated a major grogram segment of a national Public
interest group [30+ employees].
• Setved as a member of the Jacksonville City Council Personnel
Management Committee.
• Managed a planning unit of forty employees.
* Served on numerous management, public works, human service, and
other problem solving task force committees
GOgAtNI®RRL REPAIRS
• Served as the State and Federal Lobbyist for the City of
Jacksonville, Florida. Successfully lobbied numerous issues
which resulted in Billions of dollars saved and gained for [be
City.
• Coordinated vith the President's Domestic Policy Staff and
Congressional Couittees for the National League of Cities.
Effected policy changes which benefited cities nationwide.
• Provided liaison with the Federal Goverment for Puerto Rico's
Criminal Justice Council. Gained the release of several million
dollars of Federal funds for the Commonvealth.
• Nave successfully coordinated numerous times with State and
Federal Agencies' staffs on administrative rule changes, for
the benefit of my employers.
• ReDreseeted private and public sector clients before
administrative and legislative governmental bodies.
• Acted as the Mayor's liaison to CDe local Naval Base.
Assisted with liaison to the City Council for the Nayor.
RESEARCR/PLRl111I11G
* Developed and administered over a ten year period local, state,
and regional program plans- These plans provided management
overnight of the expenditure of more than fifteen million
dollars.
• Served as the Director of the National League of Cities' Police
Consultation Service. This service provided evaluations of
police departments throughout the United Slates. Also,
executive searches were conducted upon request.
• Directed an evaluation of the City of Jacksonville's
Correctional System. The study lead to major policy changes in
the system.
• Managed an evaluation and monitoring team which conducted a
wide range of project improvement studies for the City of
Jacksonville's Criminal Justice System.
• Served as a member of a national review team which study
alternatives to traditional city fire departments. The project
xas funded by the U.S. Fire Administration.
• Nas selected to serve on a national program to evaluate the
effectiveness of 911.
i:.-
JAMas a. JARBOs
332 4th Street
Atlantic Beach, Florida 32233
[904] 241-5326
~DCATIOII
Governaeatal Fellow Prodraa
University of Morth Florida [1983]
Master of Pnblie Adainistration
University of Geotgia [1970]
Bachelor of Arts
University of Georgia (1966]
Professional sesinars: Narvatd University, Nea York University,
University of Georgia, Biscayne College, University of North Florida,
University of Plorida, Florida State University.
PROFBSSIDIIAL ~L0T89Ft HISTORY
1988 - present Manasing Director
Beaches eospital Foundation
6overaaental Affairs Consultant
Jacksonville, Plorida.
1982 - 1991 City Cooncilaan (1987-1991]
Senior Aide to the Mayor [1983-1987]
Bquivalen[ to Deputy City Manager
Chief of Adainistration [1982-1963]
Huaao Services Departaent,
City of Jacksonville, Plorida.
1978 - 1981 Senior Associate
National League of Cities, Nashington D.C.
1978 Director of Plamiao
consultant, Governor's Coaaission on
Criainal Justice, Couonvealth of Puerto
Rico.
1971 - 1978 Bzecative Director
Mayor's Metropolitan Criainal Justice
Council, City of Jacksonville, Florida.
1969 - 1971 Plainer
Central Savannah River Area Plannrnq and
Developaent Cooaission, Augusta, Geozgia.
~--<~ . =
decide to proceed with this proposal, the City Commission could
utilize funds available in our general government derived from
[he balan<e of our additional monies available from the J.E.A. as
previously discussed. In this latter regard, a balance of
315,000 remains from the increased revenue from J.E.A. this
current fiscal year (unexpended) with 326,000 for FY 1992-93.
Mayor Gulliford will address this matter with you at the next
regular City Commission meeting and should you have any questions
or desire additional information from [his office, please do not
hesitate to contact me.
SSncer~e /l'y/~, J ~ /J(j
~vV• G~II~G~r'~~r!!/'
/Kim D. Leinbach
City Manager
RDL.dst
REP: KDL.94
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CITY OF
1'~alrtia b~trtelc - ~laxCda
800 )ENL\OLE aLL1D
.~__._--_-__ _---_._ ATIAhTIC BEACH, FIARID131D)-SHS
iFJ.kPF10NE Hap 7A}5800
~\ FAX 19011 NFSlD9
April 22, 1992
tlonczable Mayor
CiCy Commission Members
Atlantic Beach, Florida
Dear Mayor and City Commission Members:
Mayor Gulliford has asked that I research [he possibility of
contracting with James R. Jarboe for the purposes of assisting
our government in the completion of a number of special [asks. ~,
These are representative matters we wish to address and
accomplish but for one reason or another including the day-to-day
workload, have fallen short in achieving [he same. .
Those items we would like to work out with Mr. Jarboe include:
0 Working with the Certified Development Corporation in the
Donner and related subdivision area ~
0 Providing assistance in the negotiation or research
relative to negotiations of the In[erlocal Agreement ~
between the cities of Atlantic Seach and Jacksonville '
0 Review and recommendations in terms of our disaster
preparedness plans
0 Complete review of our water billing and meter reading
systems to facilitate the same
0 Completely review and recommend changes to our purchasing '
policy to enhance [he same
0 Park master planning and development (the latter could be
a research project into land owned by the City near the
IntezcoasCal Waterway and use of the same)
Again, these are a few of the many areas we Could utilize the
talents of Mr. Jarboe as a means to enhance our muni<ipal
government.
The Mayor has suggested utilizing a concract format arrangement
between the CS[y and Jim Jarboe with a rate established at 438
per hour and a ceiling established at 530,000 (which would
iranalate into no more than one-half year of service). If you
SN 2 OF 2
The above proje^ts are nov underray or in study to start.
Due to the overload of projects listed above, re are in a
position rhere one wan cannot do all of these and maintain a
full time position at the WTP •1 b t2. Me respectively
request that re solicit Request for Proposals Eor Consultant
Resident Observation in order that a Consultant Resident
Observer De assigned to cover the MTP sl b t2 Project.
RSK/tb
cc: Ernie Beadle/Assistant Public Morks Director
File - PN DIR
4.:.v .,
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flhY'L~h~tn 1
3-
CITY OF
~tla.ellc S"eac(c - ~loucfu
1200 S~NUPIPER lAAE
~_..- __. ._.._ ___. __ •TLAATIC aFwCN, FIgRli1N J22)11M1
TFJ,FPIIOAT IMMI L'/-5&Y
/r~ FA11ml12fl56El
SR 1 OF 2
April 13, 1992
M E M O R A N D U M
TO: Kim D. Leinbach/City Manager
FROM: Robert 5. Kosoy/Director of Public Works
RE: SUMMARY OF PROJECTS REQUIRING INSPECTION AND NEED
FCR CONSULTANT INSPECTION
PROJECTS UNDER CONSTRUCTION OR UNUERMAY TO BE CONSTRUCTED
1. Levy Road Drainage Project (starting)
2. Mayport Road Bore and Jack (to start)
3. Point repairs, manhole repairs, line replacement on
6th street, Russell Park and Howell Park. (to start)
4. Cleaning and Televising subdivision at Schooners Bay
(Buccaneer area). Breakdarn and revise for point
repairs, manhole repairs and possible line replacement.
<to start)
5. Breakdorn on lines that require medium end heavy
closing, point repairs, manhole repeire in
Buccaneer area. (in study)
6. Hater lines that need replacement on 9th Street,
11th Street and Ahern Street. (to cover these
replacement) (first 3 streets, more to come) (to start)
7. Oversize rip rap construction on extension of ring ralle
(Section H7. (ta start)
B. Cleaning and televising on Ahern Street, Jackson Street,
and 9th Street £or breakdorn on point repairs and
possible line replacement. (to start)
9. Mater and serer Coamittee rants Field Investigation of
drainage lines running thru Park Terrace Neet, through
Park terrace Eaet, to drainage canal backup in system.
(to start)
10. Marking •ith Division Chiefs on eater and serer
emergency problems in-house.
11. Mater treatwent Plante •1 d •2. (to start)
12. Oak Harbor Sever Renab Phase I completed in design.
13. Buccaneer Chlorine Contact Chamber
14. Nell for Howell Park, meter, vault, and tag.
Continued
4.
1.
2.
3.
4.
5.
6.
7.
Size of Leak
Steady Drip
1/8• Flor
1/4• Flor
3/B• Flor
1/2• Flor
3/4• Flor_
1• Flor
SANITARY SEMER
LEAK ESTINATES
Gal/Dav
50
410
1, 040
3, 680
6, 566
14,443
26, 236
PRIORITY LIST
REPAIRS
~'(1) J-2
(2) I-3
[31 D-2
* [4) F-1
(5> E-2/2-A
!6> C-4
(7) A-1
<B) C-3
<9) B-4
(10) A-2
lll) B-1
(12) B-3
(13) I-2
(14) H-2
<15> C-1
(16) G-1
(17> H-1
(181 I-1
(19) J-1
Total Estimated Cost
ESTIMATED COST
53,500.00
2, 210.00
1, 260.00
22,000.00
1,760.00
1,760.00
2. 960.00
1,760.00
1,760.00
1, 760.00
1,190.00
1, 190.00
1,510.00
1, 510.00
1, 760.00
250.00
250. 00
250.00
250.00
547,890.00
NOTE: Start at J-2 and work dorn List.
Continued
2. Recommend Point Repair Station 015. Service
Connection, Hammer Tap, Leaking 410 GPD.
<I) Manhole •C• to Manhole "B•. Manhole in Russell Park
going South under tennis courts.
1. Recommend invert vark, seal rith non-shrink
concrete. Grout rhere pipe enters Manhole •C• and
leaves Manhole •C•.
2. Recommend Point Repair at Service Connection at
Station 0.25. Hemmer Tap cracked and leaking 910
GPD.
3. Recommend Point Repair on service at Station 1"13.
Not leaking at Fitting at main line, Dut very heavy
continuous {lot o{ clear rater coming through this
service. Appears to De a very long run o{ service
pipe and leak could he anyrhere in run. Estimated
leakage 26,236 GPD.
(J) Manhole •B• to Manhole •A• going Eaet through Russell
Perk.
1. Recommend invert cork at Manhole •B•. Seal rich
non-shrink grout rhere pipe enters and leaves
Nanhole •B•.
2. Just out o{ Manhole •B• at Station 0.07 rubber has
rolled at joint. Also at this point this B• PVC
line goes through an existing storm drain structure
rhich is a violation. The existing storm drainage
lines appear to be either 38• or 92• RCP. Recommend
that this section o{ line {tom Manhole •B• to other
side o{ existing drainage structure be replaced
immediately rith D.I.P. with no joint inside o{
drainage structure. Rest o1 Line in good shape.
Depth f6'-8').
<K) Manhole •A• to Manhole 106 at Ru eaell Park going Eaet.
6 joints shot that they have Deen leaking due to stains
at joint. No leaking tae observed during taping and {or
thla reason requires no immediate action. In future, i{
conditions rare to rorsen, this run could be lined.
156' o{ 8•. No Services. Depth (6'-8').
'~:
R=
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ContinueC
3. Recommend Point Repair at Station 1.59 Leaking 1,040
GPD.
4. Recommend Point Repair at Station 1.80 Leaking 3,680
GPD.
(D7 Manhole 50 to Manhole 97 on 6th. Street going West from
Sherry Street Manhole 97 just out of Lift Station •A•.
Average depth (7. 0' to 8.5'7.
1. Recommend Point Repair at Station 0.28 Not Leaking.
2. Recommend Point Repair at Station 2.07 Leaking 6,566
GPD.
(E) Manhole 106 to Manhole 96 on Palm Street going east from
Seminole Road to Horell Park. Depth c6' to e'7
1. Recommend Point Repair at Station 0.45 Not Leaking.
2. Recommend Paint Repair at Station 1.52 Leaking 1,040
GPD.
2A. Recommend Point Repair at Station 1.55 Leaking 3x680
GPD. 9,720
GPD TOTAL
(F) Manhole 96 to Manhole 97 from Palm Street going Eaet
through Horell Park under creek to Manhole 97 just out
of Lift Station •A• Depth (B' to 10'I
1. Bad dip in line Erow Station 0.94 to Station 1.68.
Recommend replacewent of 100' of 12• from Station
080 to Station 1.80. This line rune under Creek.
(G) Manhole •E' to Manhole •D• Manhole at City Hall goes
teat under parking area into Russell Park.
1. Recommend invert rork, eeal rith non-shrink concrete
Grout there pipe enters b leaves Manhole •E•.
(H> Manhole D to Manhole C. Manhole in Rueeell Park going
rest.
1. Recommend invert work, seal rith non-shrink
concrete.
Grout where pipe enters Manhole •D• and leaves
Manhole •D'.
f
`9.4 ~rr::Y _. ._ ..
REPORT ON CONDITION OF EXISTING SANITARY SEVER LINES '
FROM EAST COAST DRIVE ALUNG 6TH STREET', TO LIFT STATION •A•
PEST OF SHERRY STREET', THEN TO RUSSELL PARK AND SEMINOLE ROAD '
Submitted by: Ernie Beadle/Assistant Public Yorke Director
Date: Hatch 17, 1992
i
(A) Manhole 53 to Manhole 52 on 6th street going vest to
Sherry street. Average depth of line <4.5 to 5. 0)
1. Recommend Point Repair from Station 1.26 to 1.34 to ~
atop 1,040 GPD leak coming through service line into
main line. Also at Station 1.36 there ie a cracked
and leaking joint, rhich is leaking 410 GPD.
2. Recommentl Point Repair at Station 1•B3 to take out ~
protruding hammer tap. Groun^ is settling in this i
i
area. i
3. Reverse set-up Manhole 52 to Manhole 53. Recommend ~
Point Repair at Station 1.01 to 1.19 (1.83• Hemmer
Tep> cracked ]Dint and structural cracks. (Not
leaking yet).
4. Recommend Point Repair et Station 1.73 cracked joint `
tNot leaking yet). ,
(B) Manhole 52 to Manhole 51 on 6th Street going vest to
Sherry Street. Average depth of line f4.5 to 5. 0I
1. Recommend Point Repair at Stetson 0.96 Leaking 410
GPD.
2. Recommend Paint Repair at Station 1.67 Hot Leaking.
3. Recommend Point Repair at Station 1.92 Leaking 910
GPD.
4. Recommend Point Repair at Station 2.09 Service
Connection 1,090 GPD.
5. Recommend Paint Repair a[ Station 2.32 Not Leaking.
6. Recommend Point Repair at Station 2.72 Not Leaking.
7. Recommend Point Repair at Station 2.77 Not Leaking.
(C) Manhole 51 to Manhole 50 on 6th. Street going Yest to
Sherry Street. Average depth <4. 5' to 5. 5'>.
1. Recommend Point Repair at Station 0.24 Leaking 50
GPD.
2. Recommend Point Repair at Station 0.76 Not Leaking.
6
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REPORT ON CONDITIONS OF EXISTING SANITARY SEVER LINES
FROM EAST COAST DRIVE ALONG SIXTH STREET, TO LIFT STATION 'A'
PEST OF SHERRY DRIVE, TNEN TO RUSSELL PARK AND SENINOLE ROAD
SH 2 OF 2
`:
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£;
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In additicn, the analysis of the sever tapes produced by the
firm televising and cleaning our sever lines has saved the
City approximately 56,000.00 in consulting fees to date.
In house analysis rill continue to save the City money.
Ernie's coordination with the crers doing the televising and ~,
cleaning has saved the City countless monies. He hoe a keen
arerenese of the p:o per speed to run the televising and
cleaning equipment, therefore, preventing crers from doing
further damage to already damaged areas.
The direct savings to the City have been:
a> Inspection savings = 513,152.00
b> In-house revier of tapes/report 56.000.00
519,152.00
for 15 reeks
The indirect savings to the City have been Ernie's assistance
to the Director in all areas of the Department, e. g. Capital
Improvement Plan, Mater Line Report, Solid Matte Report. He
ie gaining experience in handling the Department for short
timefranes in the Director's absence.
RSiS/tb
cc: Ernie Beadle/Assistant Public Works Director
File
t' .
CITY OF ~l
b beads - 7(ezier!a
April 13, 1592
M E M O R A N D U M
AI l•L~\KIV 1 1~
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ATIAnTIC BE~CN, MP¢N J21)JJJ81
TF1ERf0~'E 190II Jtl-J8W
FA%19a11A5W
SH 1 OF 2
TO: Kim D. Leinbach/City Nanager
FROM: Robert S. Koeoy/Director of Public Morke ~j~_
RE: COST SAVINGS REALIZED MITH CITY INSPECTOR!
ASSISTANT PUBLIC NORKS DIRECTOR
At your request re have compiled Figures and analyzed the
savings realized by the City by hiring a City
Inspector/Assistant Public Norks Director.
Ilr. Ernie Beadle began rorking with the City on November 18,
1991 antl beginning in December 1991, replaced the
Coneultsnt'e Resident Observer on the Buccaneer Nasterater
tr¢atm¢nt Expanaian (Surge Tenk) end Sea Gardena Lift Stetson
Projects. To date, the cast savings realized in this
capacity have been:
a) Consultant's Resident Observer:
61600/rk X 15 reeks <to 4/3/92) = 624,000.00
b) City's Resident Observer:
613. 9072/hr X 40 hr reek % 1.3 Denef its factor
X 15 veeke (to 4/3/92) = 610,847.63
c) Savings for 15 reeks lto 4/3/92
la) - <h1 = 613,152.39
Inspection ie still required on a very limited basis on both
of these prajecta.
Continued
CIY'Y OP ATI.ANYIC BEA®
CITY C0f4fISSION MEETING
STAFF REPORT
AGENDA ITEM: CONSULTANT RESIDENT OBSERVATION
SUBMITTED BYc Robert S. KosoylDirector of Public Works ~jp~y
DATE: April 16, 1992 9
BACRCROOND: We have realized a significant savings of $19,152.OU since
hiring Hr. Ernie Beadle as Assistant Public Works Director/
City Inspector. See Attachments 1 b 2. However, we did
advise [hat if too many projects become active ac one time,
we would need co augment tlr. Beadle's resident observation
duties with consul cant resident observation. This situation
is approaching quickly as outlined in Attaclimen[ 3.
In [he pas[ we mailed request for proposals (RFPS) co
consultants for resident observation and received high
weekly rates. I[ is out wish to obtain RFP'S from
consultants with hourly rates in increments of 2,4,6 and
8 hours. Furthermore, we will request resumes of proposed
Resident Observers. and advise that hours worked will he
mutually agreed open by Che Director of Public Works and
the consultant on a weekly basis. The primary inspection
duties will be the WTP Prcjecc and the Resident Observer
should have a strong background in eater and sever.
RECOl4Q97DATION: Solicit RFP'S for Consul cant Res idenc Observa cion
ATIACtlfO]]fIS: At tachmencs 1, 2, and1, 2, and 3~
REVIENFd) BY CITY MANAGER:
AGENDA ITF21 NO. ,~C
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 17th Vear CDBG Contract with Jacksonville
SUBMITTED BY: George Worley, City Planner ~!v''~
DATE: April 23, 7992
BACKGROUND:
The City of Jacksonville, Mayors Budget Review Committee
met April 13th, to review and approve the amount of 5175,200
for the Community Development Block Grant, 17th year contract
for the City of Atlantic Beach. This amount represents an
increase over last years E100,800. This money must be spent in
the much the same manner as in past years - in Donner
Subdivision and primarily for home rehabilitations but this year
a portion has been set aside to be spent on younger home owners
who fit the income category. A portion of this money can be
made available to the recipient family of Beaches Habitats new
house to off-set the costs of impact fees. This will be
included in next years contract as a line item figure. The
Donner Subdivision Community Development Corporation will
assist us in determining other home owners eligible for rehab
assistance.
The Contract for this year is somewhat late because of
auditing and budget work at the HUD offices. The next step
in the process is for Lhe City of Atlantic Beach Commission to
authorize the Mayor to sign the contract. Once that is done we
will immediately begin the bid process for the next group of
houses identified for rehabilitation work.
RECOMMENDATION:
Staff recommends that the City Commission authorize the
Mayor to sign the contract with the City of Jacksonville for the
Community Development Block Grant program in Donner Subdivision.
ATTACHMENTS:
Proposed Contract /'~
REVIEWED BY CITY MANAGERr~~~~/_ ~ Q~6~
AGENDA ITEM NO. x
PASSED BY THE CITY COMMISSION ON :
William I. Gulliford, Jr.
Mayor
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ATTEST:
Maureen King, City Clerk
Approved as to Form and Correctness:
Alan C. Jensen, Esaui re
City Attorney
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RESOLUTION NO. 92-1C
WHEREAS, A group of local Merchants and residents have formed
an organization known as Town Center, and
WHEREAS, Said organization is dedicated to the renovation and
beautification of the eastern portions of Atlantic Boulevard and
adjacent properties, and
WHEREAS, The City of Atlantic Beach City Commission desires to
encourage and support said efforts and to facilitate future
implementation,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, THAT:
That permission is hereby granted to the Town Center
organization to construct or install improvements as shown on
the submitted plans within the Right-of-Way of Atlantic
Boulevard between Third Street and its eastern terminus, and
including also, the south 50 feet of the Right-of-Way of Ocean
Boulevard and the south 50 feet of the Right-of-Way of East
Coast Drive.
Any and all such construction and installation within Lhe above
cited Rights-of-Way shall be approved in advance by the City
Commission of the City of Atlantic Beach and shall be
coordinated closely with the various Departments of the City.
The City retains the right to deny all or part of any proposed
construction or installation where it deems such construction or
installation or parts thereof to pose a hazard or detriment to
Lhe public or to the future use of said Rights-of-Way by the
City.
Town Center accepts all liability for damages and injury during
construction and installation, and agrees to provide continuing
maintenance of all landscaping materials placed in conjunction
with said construction and installation. Town Center further
indemnifies the City of Atlantic Beach in the event that the
City must remove any construction, installation or landscaping
from within the above cited Rights-of-Way for the purpose of
maintenance, repair, replacement, inspection or installation of
utilities and other public improvements therein, end agrees to
bear the costs of replacement of said removed construction,
installation or landscaping.
a
_.
Continued
7. HATER RATES
Recowwend advertising in the nerapaper to explain the
eater stew.
B. LEAD/COPPER RULE
Harry McNally and Bab Koeoy met rith Nelson McArthur from
the City of Jacksonville and both rater utilities have
ell forma to begin implementing program. AB Mater rill
have to obtain building perwit information £row City Hall
and Buccaneer Mater rill have to obtain information from
the City of Jackeonville'e Building Department.
cc: Cowwieeioner Fletcher
Ernie Beadl¢/Assistant Pu61ic Morke Director
Harry E. McNally/Utility Plant Divieian Director
Tiw N. Torneend/Utility Plant Division Director
Dr. Ray Salwan
Alan Potter
File - 92 NSC(j
Continued
2. ATLANTIC BEACN YTP •1 i i2 IMPROVEMENTS
Contractor, Meadora, signed contracts and pre-
construction schedule to be scheduled next reek.
Due to the diificultiea being encountered rith this bid
arard it •ae recomwended that the City conduct mandatory
pre-bid meetings for larger jobs.
Bob Koeoy rill prepare a Stali Report to the City
Commission outlining the need for consultant realdent
observation.
3. NAYPORT ROAD BORE AND JACK
Bid analysis to be Surniehed by Gee i Jensen and
tentative recommendation to arard rill be at the April
27, 1992 Cownieaion Meeting.
4. NAVAL CNILD CARE FACILITY
City Manager signed perwite on April 15, 1992. The
Coawittee could like to revier permits rhich exceed a
Slorrate of greater than 5,000 GPD or 80:C capacity of the
plant.
5. CAPACITT ANALYSIS REPORTS
These reparta are needed in the next tra wontha. Bob
Koeoy rill provide iniorwation to Tim Tarnaend and Harry
McNally so that preliwinary report can be reviered by
this Coawittee in the first reek of June.
6. ASNCO - TIPFANT BT THE SEA
Additional in£orwation wuat be obtained {row the Building
Department to deterwine rhether n request for
reiwbureewent is rarranted.
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CITY OF
~4i'la~rtle beat! - ~fmuda
Imo sAnonnx uvF
~_._.- -_ __ ____.___. __ ATLNTIC BEICH, FLORID1J221J11t1
lF1FAlOhE 1/~1 }.(FSOi
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April 22, 1992
n e n o R A x D u n
TO: Kim D. L.e inbach/City Manager
FROn: Robert S. Kosoy/Director of Puhlic Worke~
RE: MATER AND SEVER COMMITTEE NEETING t16
On April 16, 1992 Commissioner Lyman Fletcher, Dr. Ray
Salmon, Ernie Beadle, Narry McNally, Tim Torneend, Alan
Potter and Bob Koeay met to discuss rater and serer concerns
and projects. A brief summary follore:
1. BUCCANEER rr7'P EXPANSION (SURGE TANK)
On April 10, 1992 the conveyor manufacturer'e local
representative stated that he does not make a conveyor
suitable for our application. On April 14, 1992 a
meeting roe held at the WWTP and at Assisi Lane rith the
screen manufacturer rho agreed to submit information to
modify the screens. On April 15, 1992 Alan Potter spoke
rith the president of Hytrol, Leon Hanson, rho stated
they do make outdoor conveyors and rill cork with the
City to provide thee.
Mith the April 21, 1992 date approaching it roe agreed
that since re are nor receiving the cooperation of the
Contractor, the extenuating circumstances could dictate a
contract time extension of 30 days. A change order rill
be submitted by the Contractor.
Me are araiting information from the engineer on the
design on the overf for pipe at plant f3 and an evaluation
of an automatic dialing system.
f
I
I
CITY OF ATLANTIC BEACH '
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Cavalla Road Fire Lane Status Report
. i
SUBMITTED 8Y: George Worley, City Planner Cz (!j /G
DATE: April 23, 1992
BACKGROUND:
Per the request of the Commission at the last regular
meeting, I have coordinated with the Fire Department and the
Public Works Department to have "Fire Lane' signs installed on
the city owned Right-of-Way on Royal Palm Drive denoting the
driveway behind the buildings es a "Fire Lane". j
RECOMMENDATION:
In addition to the initial posting, we request that the
City Commission either authorize the installation of additional
signs as directed by the Fire Department, by city forces or
authorize the City Attorney to notify the property owners of
their legal obligation to install such additional signs. The
determination of how and where such signs are to be installed
rests with the Fire Department.
ATTACHMENTS:
REVIEWED BY CITY MANAGER
AGENDA ITEM NO. ~~~
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CITY OF
r~lartle " k - `~lmuda
BdISEMISOLE xu,n
i__ _ __- _ - - _ _. _ ~ ATIA1'nC BF 1LH. FlANm1 JE21Y5615
TELEPHONE f90011i5lW
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March 10, 1992
M E M O R A N D U M
TO: Kim Leinbach, City 1lanager
FROM: Don C. Ford, Building Official ~~
RE: Part-time Code Enforcement Officer
I could like approval to approach the Commission far a part-
time code enforcement person. This pereen could rock as a
contract employee to alleviate a back log of complaints re
acquire during peak building department activity. The history of
these peak periods usually starts in March and carries through to
June and July. This person could handle code enforcement
complaints and help in pursuing compliance in target areas such
ae Royal Palms and the Donner Subdivision.
I suggest a budget adjustment of 56,000 to pay for this
help. This amount is based on 512 per hour, four hours a day for
25 reeks. This person would not receive any benefits and reuld
be responsible for ifie orn taxes, insurance, etc. This woney
could come from tro sources. One source could be the
Commission's Contingency Fund. Another source could be the
Contractural Services Account Number 516-3400. This account ras
eat up to dewoliah condemned structures in target areas. Thus
far this year, I have approached tro property ornere of
structures to De condemned. Both owners have agreed to demolish
at no coat to the City. The addresses are 10 Church Road end
1630 Francis Avenue. Me had allocated 53,000 per structure for
demolition. The account at present shore a balance of 94,138.47.
Horever, 56,730 and 9375 are monies that rare bitl out in FY 90
and 91 far demolition of structures on 54 Church Road and 85 Dora
Street. These items rare contracted in August and ararded on
August 26, 1991. There were several delays due to reacher and
problems rith the contractor appearing on the site. I believe
these monies should be credited to the account and taken out of
monies remaining in that account from FY 90 91. This would
require an adjustment from the finance department. The actual
balance in this account should be 511,243.37. Enclosed ie a copy
of the account activity listing Eor Account No. 516-3400.
Thanks for your attention to this matter.
DCF/pah
Enc.
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ILLEGIBILITY
ILLEGIBILITY OF SOME OF
THESE DOCUMENTS IS DUE
TO THE POOR QUALITY OF
THE ORIGINAL. THE FAULT
DOES NOT LIE WITH THE
CAMERA OR ITS OPERATOR.
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properties lessening [he need for monies so allocated and as
planned for the balance of [his fiscal year. We anticipate the
need to continue funding the program to remove condemned
structures, but simply Feel the same could be considered in the
next budgetary cycle.
I thank you for your consideration and will be moat happy [o
answer any questions if you so desire.
Sin~ely, `(~~~~
D zmond Waters, III
Cit Commissioner
JDW.dst
cc: City Hanager
Ruth Gregg
George Worley
Don Ford
REF: JDW.I
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CITY OF
JQllawtc'a " - ~lmu'da
eao scw.vote anAD
AM4TIC BFX'H. FIURmA J22J}J{l5
i EI.FAIOA'6190015l1-Sb0
FAX 1~1 ifF5105
April 2l, 1992
Honorable Mayor
and City Commission Members
Atlantic Beach, Florida
Dear Mayor and City Commission Members:
The committee appointed by the Hayor and Commission for turning
around some of the negative [rends within the Royal Palms area
has met on several occasions with staff members and others [o
attempt to find solutions to such problems as junk, poor
construction, littering and other nuisances.
Accordingly, there is one area ve feel warrants serious
consideration and hopefully action by the City Commission to
enact the same. Our current Code Enforcement program consisCS of
a random system of application of various lays and regulations on
a city-vide balls. Frankly this is about all [ha[ tan be done
under the existing staffing level, but is more reactive in
nature. We believe a pro-active stance is needed as a means to
turn around some of the problems existing in the Royal Palms
area. Therefore, ve are recommending concurrence with the
Building Official/Code Enforcement Officer's recommendation (copy
enclosed) [hat the City reallocate funds within the demolition
account of his budget in the amount of 56,000 so that these
monies may be utilized co retain our contract employee on a
sustained basis co concentrate in Royal Palms.
This type of comprehensive program would be a great benefit [o
cleaning up neighborhoods and reversing the trends evidenced by
some properties. Ne look at this as a first phase attempt with
other6 to follow such as in Donner Park or elsewhere within our
community as warranted. On behalf of our committee I will bring
up these considerations during budge[ discussions with the goal
of funding the same at [ha[ time.
In [hat the monies are available within the demolition account of
[he Code Enforcement budget and ve are simply suggesting a
reassignment of priorities in [his regard, your Concurrence with
[he proposal is urged. You should be aware that taking monies
from [he demolition account should not hurt our efforts in this
regazds either, because after certain structures were removed by
the Ci[y, ve have experienced voluntary cooperation by other
E.
-- ,
CITY OF
~Alartle Biatk - ~leslda
~XDiCYtIIiTM#iIIl't
YOUTH WEEK
WHEREAS, the Benevolent and Protective Order of Elks has designat rd
the week beginning Nay 1st, as Youth Week [o honor America's junior
citizens for their accomplishments, and to give fitting recognition of
[heir services to community, state, and nation; and
WHEREAS, Jacksonville Beach Lodge No. 1901 Will sponsor an
observance during that Week in [ribu [e to [he junior citizens of this
COmmanlCy; dnd
WHEREAS, no even[ could be more deserving of our support and
participation than one dedicated co these young people Who represent the
nation's greases[ resource, and Who in [he years ahead Will assume the
responsibility for the advancement of our free society; and
WHEREAS, our youth need the guidance, inspiration and encouragement
Wh?rh We alone can give in order co develop chose qualities of character
essential for future leadership and service co America; and
WHEREAS, to achieve this Worthy objective We should demonstrate our
partnership With youth, our understanding of [heir hopes and aspirations
and a sincere Willingness co help prepare then in every Way for the
rexpons ibllities and opportunities of citizenship.
NOW, THEREFORE, I, William I. Gulliford, Jr., Mayor of the CS[y of
Atlantic Beach, do hereby proclaim the Week beginning
MAY Ist AS "YOUTH WEEK"
and urge all departments of government, civic, fraternal and patriotic
groups, and our <it izens generally, to participate Wholeheartedly in its
observance.
William I. Gulliford, Jr., Mayor
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NAMED INSURED MORTON H HANSOM
2919-1 ATLANTIC BLVD ~~))j~
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IMSMEO AS SLA xFO XEppEIM
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POLICY CONTRACT
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POLICY ATTACHMENTS
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Agent OSSI IRS aacT INO
0021 QIESTER •VE 1308
J11q(SONVILLE FL 33317
90a-7]1-7933
LOta717-a8) VIFL07-31-Ba IOfil7
Beaches Sea Tuttle Patrol, Inc.
Patrolling Neptune, A[lanfic and Jacksonville Beaches
Mr. Kim Leinbach
Apr11 19, 1992
Page Two
Nests found in unsafe areas are moved via the ATV to the
hatchery in Hanna Park. The Patrol suzve ys are done in the early
moz ning hours from sunrise to about 10:00 a.m. These hours are
the necessary ones to provide the best protection for the nests.
At times, it may also be necessary to use the ATV after dark to
aid a nesting sea turtle oz a hatchling release. If this occurs,
the police dispatch will be notified by phone of the
circumstances prior to the trip. The amount of time needed on
the beach depends on the number of nests or stzandings found.
The ATV is owned, insured and operated by the Patrol. A
copy of our insurance form is enclosed.
Ne appceciate your support for our Sea Turtle Conservation
Program. As you know, the Patrol is a Florida non profit
corporation and depends on tax-deductible contributions to
continue its work. This is accomplished through donations and
the sale of annual memberships.
Another source of funding is through a sea turtle monitoring
contract with a city following a beach renourishment protect. In
accordance with the Sea Turtle Protection Plan ("STPP"), the city
concerned needs DNR approved personnel to monitor the beach for
two to three years following the xenour ishment to provide
statistical information on nests, false crawls and hatchling
success.
Thank you for your consideration. If there are any
questions or concerns, please contact the undersigned at 246-1634.
Sincezel y,
Norton N. Nanson, Director
/Ng
Enclosure
299-] Atlantic Blvd. • Atlantic Beach, FL 32233 • (904) 246-]634
Beaches Sea Turtle Patrol, lnc.
Patrolling Neptune, Atlantic and Iacksonville Beaches
April 19, 1992
Nr. Kim Leinbach
City Manager
City of Atlantic Beach
P. G. Box 25
Atlantic Beach, FL 32233
Re: Beaches Sea Turtle Patrol, Inc., a Florida
non profit corporation
Tax Exempt I.D. Number 59-3100329
Dear Mr. Leinbach:
Foz the past four years, the cities of Atlantic Beach,
Neptune Beach and Jacksonville Beach have granted us permission
fox the use of an All Terrain Vehicle ("ATV") on the beach for
sea turtle nesting and stranding surveys. This letter is to
request your permission for the continued use of our ATV on the
beach for sea turtle surveys from Nay through November of each
year.
The Beaches Sea Turtle Patrol, Inc. (the "Patrol") is made
up of approximately 95 volunteers operating under a permit issued
by the Florida Department of Natural Resources ("DNR"). The
Patrol works closely with conservation groups and assists the
Florida Marine Patrol in documenting sea turtle stranding
situations. This allows the Marine Patrol more time to
concentrate on other problems.
Sea turtle nesting normally begins In Nay and extends
through August, and hatchlings emerge from their nests from July
through November. Due to the problem with excessive beachfront
lighting, it is presently necessary fox the Patrol to relocate
mast of the nests to a protected hatchery. This necessitates
early morning as well as after dark trips on the beach to ensure
that the newly emerged hatchlings make it safely to the ocean.
It is very important that we continue our year-round
documentation of sea turtle stzandings (dead, injured or washed
ashore) before they are disposed of.
The Beaches Sea Turtle Patrol operates out of the rear of
Bio Max Health Food and Groceries, Inc., at 299-1 Atlantic Blvd.,
Atlantic Beach, Florida 32233. As the primary operator of the
ATV, the undersigned conducts a daily or "as needed" patrol, from
Atlantic through Neptune and Jacksonville Beaches every morning.
The other members of the Patrol cover assigned areas on
foot/bicycle for complete coverage from Hanna Park to the Ponte
Vedra line.
299-1 Aliantic Blvd. • Atlantic Beach, FL 32233 • (909) 296-1639
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Beaches Habitat
SUBMITTED 8Y: George Worley, City Planner ~/,.~~
GATE: APRIL 23, 1992
BACKGROUND:
The City has been contacted by Beaches Habitat with a
request Lhat the City swap certein property along Francis Avenue
to them for property they have recently acquired adjacent Lo Lhe
north end of the Public Works facility. Their intention is to
rehabilitate these single-family homes. They will place a
carefully screened family into this house and assist them in
making their home ownership work. Beaches Habitat has already
constructed one new home on Francis Avenue and has two more in
Lhe planning stage.
RECOMMENDATION:
The City owns a number of houses on the east side of
Francis Avenue, however these homes were acquired for expansion
of the sewer or water plants. To avoid future expansion
problems, we recommend that this possibility be forwarded to the
Mater antl Sewer Committee Lhat they may determine if there
exists a future need for the Francis Avenue lots/.///
ATTACHMENTS: ~'~~~~
REVIEWED BY CITY MANAGER ~,~~%%
AGENDA ITEM NO.
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PR n,; F.CTED THEATF:E AC°: ~; T'i II: A.B. CGN.MUIJiTY CEf+TEF
TLr follow try Idra~ for iuCrta~c,l Cufturai posslblllt lea
in A.6. with CYre pcYf.~r rt~a nces fox con~~munity members aze
being offered by a 26-yr. Lesident and former teachez,
cuzzestly a board member oftlie Played-by-tbc-Sea (and
f~undinq membezl as veil as BAF, Carson Mecry Baillie:
I. A playezs-by-the-Sea 6-week SUMHER DRAMA CAMP Eor children aged 8
to 12, runntny June 22 to July 31st, 5 weekdays from 9 a.m. to 1 p.m.
A. A minin:urt~ of theca professional instLUCLors with
va r :n]s expert.; ce vi :: Lt vitfl ibe studrn;:: at all limo.
.AVI6111:_LCa 1.~YC diLCCLVt DtbGYail Fa1:I5dy $Ii11 L:1,
Cuc nrnlly piayiuy in .;u~ Aih~mbta': Funn''Ch~ Hd P4~r ned un Lhc
W~ to the FucUm, vhu viii -also teach musical theatre and direct
the final pr a9ucti~n by the children. She iw:: a deyree in theatre
from J.U. and has, in addition to playiuy many local theatres,
appeared 25 Limes at tt:e Ai hambra. She will he bx inyiny her S-
yr. cld son to Lhc class; husband Michael is an art professor at
UNF; and they are currently Guiidiny un Ocean Hlvd. at Plaza.
2. There will :r an instructor tr,r dance and
mover,:e nt, and one Cur mime end pezhap~ clwniny and ju9ylin9,
in addition to acliny.
E. °. ii e; Cirial vrei. viii cud w;:. it a prtfucmance at the PBTS
theatre in the eveoi^o for friends and Family of the students,
but the final FL ida y, Lhece will be a Lull performance Erma
L. p.m. tc approxima Lely 'c pm, for Atlantic Beacii residents at the
center, with nu chatye. Rec. committee cordially invited.
II. Fi.AYHOUSE FiFTI' a dtdRa vorhshop Coz seniors 60 p/u>,
beginning Wed. April 22 to run far 6 consecutive Wednesday
afternoons from 2 to 9 pm.
A. Instructor - Carson Merry Baillie, flyer attached.
B. This will be the third senior workshop, launched
in the winter at PBTS. Many signed up for the second
session, and five from last session are attendiny this one.
C. Final session, a production of monoioyues and scenes,
many humorous, will be offered to the community at 3 p.m.
at the community center. Rec committee uryed to attend.
III. A group of recent drama workshop graduates under
direction of Mrs. BaC llie would like to rehearse a play a few
eveninys a week at the conuwnity center, and in E or 7 weeks,
present the play on the stage at the center for tt:r ee vicekends.
The AB Community would not only gain Erom a cultural
addition, but would be given the opportunity to see the play
FREE on Thursday eveninys. @ S5 per person on vicekends, the
community would be given the equivalent of 5250 each veek...in free
entertainment of a new, experimental nature, ncv plays, ne vet
seen before. The weekend fee is necessary to pay for simple lights, sets,
costumes, pr irlt lug of pruyrams, etc.(Very basic..the play's the thiny.l
*** In summation, I feel as a citizen of A.E., these pcoyc a:as
could enc is t: the lives of children, seniors end adults, and add
a diversity to beach life that would enhar:ce our community. cmb
' _:::. :.
~ ;~-~' -
APRIL 2I, 1992
Par iculars regarding meeting oC City Manager, Carson Nerry Ba illie and
Rose Blanchard, regarding use of Community Center for Drama groups.
CHILDREN'S NORK SHOP
~~~ DATES: ]ONE 22 -JULY 31
//„ AGES: B-12 yrs. old
~'~'` HOURS: 9 am - lpm 6 NEEKS
'` 9 0` Paricipants 25 TOTAL (split into 3 classes, each one approx. 8 students)
Would not need tab Les, on Ly cha irs.POSSible use of Rm. 46 or 11/12
ADULTS
DATES: OPEN
~ AGES: 35 PLUS
. ~~{tirv- HOURS: 7-9:30 pm 3 Times per week 6-7 weeks
j' - - of Particiapan [s 8
,(!4~?~ " 'y Performances: FREE to Citizens of Atlantic Beach every Thursday evening far 3 vk:
EVERY FRI AND SAT. $5 per person, by reservation - no[ [o exceed 50 people each
evening. (This equates [o a $250 inkind contribution to the City a[ each of the
Thursday evening performances for a [oral of $750 equivalent contribution.
The fees Charged for non-residents of Atlantic Beach are to be used for lighcs,
sets, Costumes, printing of programs, etc.
Will use Lobby
PLAYHOUSE 50
DATES: Begin April 22 OR 29, 199s
ACES: 50 PLUS
HOURS: 2-4 pm 6 weeks
g of Participants; 10
~ ~...
y. _~~`~'~r. They need [o plug in a total of approx. 1,000 Notts of light, se[ up seating
/ / for 50 viewers, sets.... They will supply [heir own lighting and people [o
se[ up. Karen Garrett will fill in for Nrs. Baillie when necessary. The Ci[y
will check to see if [he lighting needed is appropriate for the Lobby of [he
Community Center. //
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PAGE FIFTEEN
MINUTES, APRIL 13, 1992
There being no further business the meeting adjourned at
11:30 p. m.
William I. Gulliford
Mayor/Presiding Officer
A T T E S T:
Maureen King, City Clerk
NAME OF
COMMNS.
M
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'~`"
s::.-=.
PAGE FOURTEEN
MINUTES, APRIL 13, 1992
from the Atlantic-Neptune FOP Lodge requesting assistance
£rom the City to help pay the utility bills. He
indicated last year the City gave S500.00 to cover the
utility costs for this building.
Motion- Give 5500.00 to the Atlantic-Neptune
Lodge, F.O.P., to assist them in paying water,
sewer and garbage fees for their Lodge
Builaing
Commissioner Waters felt the money should come from the
Police budget.
The question was called and the motion carried
unanimously.
Mayor Gulliford stated the Sea Oats are being trampled on
at the beach. This was discussed and the City Manager
stated he would instruct all city workers to try to
enforce regulations, and he also indicated he would send
out a letter to all residents concerning this problem.
Mayor Gulliford stated he would like the drainage ditch
in the Donner Subdivision cleaned out.
Mayor Gulliford reported the Mayor's Meeting was held in
the City of Atlantic Beach and it was a success. He
reported the three Beach Communities and the Town of
Baldwin will submit to the City of Jacksonville by June
1, 1992 their individual proposals regarding county
services to be provided to each community.
Mayor Gulliford referred to "Visions 2000" which he
explained was an action report prepared by Plantac
Corporation for the Jacksonville Chamber of Commerce,
Beaches Development. The report recommended the
consolidation of services in the Beaches Communities as
a growth management tool. The Mayor indicated he was not
in favor of consolidating, as recommended in the report.
NAME OF
COMMAS.
M
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Edwards x
Fletcher x
Tucker x x
waters x x
Gullifor x
i
PAGE THIRTEEN
MINUTES, APRIL 13, 1992
The City Clerk suggested including a definition of a flea
market in the nuisance section of the code, and
prohlblting flea markets in residential districts.
The question was called and the motion carried with a 4-1
vote with Mayor Gulliford voting nay.
Motion: Reconsider the motion
No discussion before the vote and the motion carried
unanimously.
Regular Motion: Defer until the next meeting
No discussion before the vote and the motion carried
unanimously.
City Clerk Maureen King referred to her recommendations
regarding the selection of a Citizen of the year, and it
was decided to defer this until the next meeting.
Commissioner Ldwards referred to the Florida League of
Cities Board of Directors who met last Saturday. He
referred to a bill concerning voter control of city
taxes. He urged everyone to write to their
representat?.ves and ask them to vote concerning this. He
indicated this bill regulated the way cities spend their
money. It was decided to prepare letters for signature
of the Commissioners. A letter in the form of a petition
also will be made available for citizens to sign.
Commissioner Waters referred to garage sales and he,
CO®iHHioner TUCker, and Maureen King were appointed to
a committee to study garage sales.
Commissioner Tucker asked if there was a report
concerning Fleet Landing. Bob Kosoy responded he had
talked to Ken Sanders from Haskell Company and in
addition to investigating the pipe on the right side of
the culvert, they were looking at the cost of lowering
one of the middle culverts again. They promised their
design within a week, Mr. Kosoy added.
Mayor Gulliford passed out comparative salary information
from cities size 10,000 through 50,000, for the
information and perusal of the Commission.
Mayor Gulliford reported the City had received a letter
NAME OF
COMMHS.
M
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Edwards x
Fletcher x x
Tucker x x
waters x
Gulliford x
Edwards x
Fletcher x x
Tucker x
waters x
Gulliford x
PAGE TWF.LVF.
MINUTES, APRIL 13, 1992
NAME OF
COMMAS.
M
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11. City Manager Reports and/or Correspondence:
A. Discussion and related action regarding Fire Marshall
position
Mayor Gulliford referred to the City Manager's memorandum
and indicated a funding source has been found to fund the
position of Fire Marshall.
Edwards x
Notion: Authorize funding of the position of Fletcher
Fire Marshall pursuant to the City Manager's Tucker
memorandum of April 6, 1992 Waters
Gulliford x
Amended Motion: Authorize funding of the Edwards x
position of Fire Marshall pursuant to the City
I Fletcher x
Manager's memorandum of April 6, 1992, at the TUCker x
current rate of pay of the Fire Chief Waters x x
Gulliford x
Commissioner Fletcher suggested this matter be bound over
to the regular budgetary cycle. Re indicated he did not
understand the rush *.o establish the position at this
time.
The question was called and the motion passed by a 3-2
vote with Commissioners Fletcher and Tucker voting nay.
The City Manager asked Chief Thompson to give a report
concerning parking sticker Spaces. Chief Thompson
suggested potential spaces located at the Community
Center parking lot and the area around the Sea Turtle be
lncluded in the parking study, rather than haphazardly
assigning parking spaces without a proper study. ~
City Clerk Maureen Fing gave a report concerning garage
sales as they relate to occupational licenses. She
reported the Clerk's office polled 10 cities and did not
find any that gave occupation licenses to garage sales.
She felt it would not be appropriate to issue
occupational licenses for garage sales. She reported
some cities gave permits to those who wished to have
garage sales. Edwards x
Fletcher x
Motion: Adopt the regulation allowing three Tucker x x
garage sales per year, with a permit at no Wafers x
Charge Gulliford x
A discussion ensued and it was determined only one
complaint had been received concerning yarage sales for
many years. Commissioner Waters indicated he has a
problem with too much traffic from garage sales.
PAGE ELEVEN
MINUTES, APRIL 13, 1992
NAME OF
COMMAS.
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City Attorney Alan Jensen recommended giving Suzanne
Green, Code Enforcement Attorney, a written agreement,
ennually renewable, and approving a fee of 5100 per
hour' Edwards x x
Motion: Approve the preparation of a written Fletcher x x
contract, annually renewable, for Suzanne Tucker x
Green, Code Enforcement Attorney for the City, Waters x
and approve payment of 5100.00 per hour for Gulliford x
her services
The commission indicated their desire to have language
incorporated into the contract that specifies the 5100
per hour salary begins when Ms. Green begins work, not
while ahe is en route. The City Attorney indicated he
would incorporate this language into the contract.
The question was called and the motion passed
unanimously.
C. Approval and authorization for Mayor to sign CDBG
contract with Jacksonville
George Worley explained that he had just received the
contract and has not had time to thoroughly examine it.
He asked that this item be deferred until the next
meeting.
D. Discussion and related action requesting
authorization for repairs and rehabilitation of sewer
lines and manholes in Russell and Howell Parks and
request to bid
i
BOb Kosoy asked for approval for a budget transfer for
point repair and manhole rehabilitation of sewer lines
and manholes Sn Russell and Howell Parks. Mr. Kosoy
indicated this was urgent and he recommended a budget
transfer from the Sewer Construction Plant Fund, Fund 41,
Account 596, and he indicated equal amounts could be
transferred from each of six funds. Edwards x x
Fletcher x
Motion: Proceed and solicit bids for repairs Tucker x
and rehabilitation of sewer lines and manholes Waters I x x
in Russell and Howell Parks Gulliford x
Commissioner Fletcher indicated his desire to see an
itemized detail concerning this matter.
The question was called and the motion carried
unanimously.
PAGE TEN
MINUTES, APRIL 13, 1992
6. Ordinance No. 57-92-18 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING
A ROTATING WRECKER CALL LIST, SETTING FORTH CERTAIN
REQVIR6T76NTS FOR WRECKER SERVICES, PROVIDING AN EFFECTIVE
DATE.
Mayor Gulliford presented in full, in writing, ordinance
No. 57-92-18, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience. Since no one spoke for or against the matter
the Mayor declared the Public Hearing closed.
Motion: Approve passage of Ordinance No. 57-
92-18 on final reading
No discussion before the vote. The motion passed
unanimously.
10, New Business:
A. Discussion and related action concerning hydraulic
shares for Harry Warnock
The City Attorney explained in May of 1987 the City
eccepted water and sewer improvements the Warnocks had
installed. An agreement was made, letters were written,
but a fozmal utility agreement was never signed. There
have been two more connections into this line and
payments should be due-to the Warnocks. City Attorney
Alan Jensen recommended two payments be made to Mr. fi
Mre. Narry C. Warnock for S2,887 each, which represents
two structures tapping into the water and sewer lines
that were installed by the Warnocks.
Motion: Authorize two payments in the amount
of 52,887 each to be made to Nr, fi Mrs. Harry
C. wazaock which represents two tap-in's into
the water and sewer line installed by the
Warnocks
Bob Kosoy suggested copies of agreements of this nature
be given to the Public Works and Finance Departments in
the future.
The question was called and the motion carried
unanimously.
B. Recommendation authorizing employment of attorney for
Code Enforcement Board
NAME OF
COMMAS.
M
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Edwards x X
Fletcher x
Tucker x
Waters x x
Gulliford x
Edwards x x
Fletcher x
Tucker x x
Waters x
Gulliford x
J
PAGE NINE
MINUTES, APRIL 13, 1992
NAME OF
COMMRS.
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TO PROVIDE THAT FORMAL ciDS SHALL BE REQUIRED FOR
PURCHASES OF SUPPLIES OR SERVICES FROM ENTERPRISE FUNDS
IN EXCESS OF $5,000, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing Ordinance
NO. 5-92-22, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience.
Dorothy Herber asked why this figure was being changed to
000. The Mayor responded this refers only to
$5
,
Enterprise Fund purchases. He added prices had
increased considerably since the previous figure of
S2, 500 had been established and he felt the increase to
S5, 000 was reasonable in view of current prices. There
being no further comments from the audience the Mayor
declared the Public Hearing closed. Edwards x
Fletcher x x
Motion: Approve passage of Ordinance 5-92-22 Tucker x
on final reading Waters x x
Gullifor x
No discussion before the vote. The motion carried
unanimously.
D. Ordinance p45-92-10 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20,
TAXATION, ARTICLE III, OCCUPATIONAL LICENSE.TAX, SECTION
20-59, SCHEDULE OF FEES, TO ABD A CLASSIFICATION AND SET
A FEE FOR MICRO BREWERY, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing ordinance
No. 45-92-10, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience. Since no one spoke for or against the matter
the Mayor declared the Public Hearing closed. Edwards x x
Motion: Approve passage of Ordinance 45-92-10 Fletcher
Tucker
x x
x
~
on final reading waters x
Commissioner Waters suggested discussing the amount of Gulliford x
money charged for licensing at upcoming budget meetings.
The Mayor responded it would be a good idea to review
~, this annually at budget hearings.
The question was called and the motion carried
unanimously.
F .~.:-, ,
PAGE EIGHT
MINUTES. APRIL 13. 1992
Solid waste collection: All garbage containers shall be
emptied and the contents thereof shall be disposed of at
least twice each week. Dumpsters in residential
districts or in the business districts shall be collected
as designated by tha City Manager. Section 16-6, Burial
of Solid Waste, add "or disposal" to the last sentence.
Motion: Approve passage of Ordinance No. 55-
92-26, as amended
No discussion before the vote. The motion passed
unanimously.
Resolution 92-7
Mayor Gulliford presented in full, in writing, Resolution
92-7: A RESOLUTION PROVIDING FOR THE NUMBER OF DAYS PER
WEEK OF SOLID WASTE COLLECTION PROVIDING AN EFFECTIVE
DATE.
Motion: Approve passage of Resolution 92-7
Mayor Gulliford asked Bob Kosoy if the City is
eliminating Saturday work. Mr. KOSOy indicated he planned
to Cut out Saturdays. If the department nets behind, he
added, they would still have Saturday, if needed for
overtime work. Along discussion ensued concerning the
amount of trash and garbage pick ups per week.
The question was called and the motion passed with a vote
of 4-1 with Mayor Gulliford voting nay.
B. Continuation of Public Hearing on Cable Television
Ordinance No. 40-92-17
Mayor Gulliford asked to have this Public Hearing
continued until May 11, 1992.
Motioa: Defer action on Ordinance No. 40-92-17
and continue public hearing at the City
Commission meeting on May 11, 1992
No questions before the vote. The motion carried
unanimously.
C. Ordinance 5-92-22 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 2,
PURCHASING, AMENDING SECTION 2-331, BIDS - WHEN REQUIRED,
NAME OF
COMMAS.
M
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Edwards x
Fletcher x x
Tucker x
Waters x
Gulliford x
Edwards x x
Fletcher x
Tucker x x
Waters x
Gulliford x
Edwards x x
Fletcher x
Tucker x
Waters x x
Gullifor x
PAGE SEVEN
MINIUTES, APRIL 13, 1992
reject the one bid received based on errors in
calculations contained in that bid. Because of the poor
response to this invitation to bid, the committee
recommended that the project be re-bid.
Notion: Reject the one bid the city received
and re-bid the job
No discussion before the vote. The motion carried
unanimously.
D. Report and recommendation by Awards Committee
Chairman Commissioner Edwards on Bid 119192-9
installation of railing and stairways at wastewater
treatment plant
Commissioner Edwards recommended the Commission accept
the low bid from Chancey Metal Products, Inc. in the
amount of S38,925.00.
Motion: Accept the low bid from Chancey Metal
Products, Inc. in the amount of S38,425.00
No discussion before the vote and the motion carried
unanimously.
9. Ordinances
,A. Ordinance 1155-92-26 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC'BEACH, REWRITING IN ITS ENTIRETY CHAPTER 16,
REFUSE AND GARBAGE, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, ordinance
No. 55-92-26, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and announced it was continued
from the meeting of March 23, 1992, and invited comments
frao the audience. Following comments from the audience
the Mayor declared the Public Hearing closed.
A discussion ensued, and changes and additions were
suggested. It was determined Atlantic Beach would have
two days garbage pickup and two days trash pickup. Bob
Kosoy, Public Works Director, explained that the City
plans to pick up garbage during a five day work week and
utilize Saturday, if needed for overtime.
The following amendments were agreed upon: Section 16-2,
NAME OF
COMMAS.
M
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Edwards x x
Fletcher x
Tucker x x
Waters x
Gullifor x
Edwards x x
Fletcher x
Tucker x
Waters x x
Gullifor x
PAGE SIX
MINUTES, APRIL 13, 1992
NAME OF
COMMAS.
M
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No discussion before the vote. Motion carried
unanimously.
8. Committee Reoorts-
A. Water E Sever Committee report
Commissioner Fletcher briefly outlined the Water and
Sewer Committee Report and indicated he would be happy to
answer questions. Since there were no questions the
report was accepted and a copy of the complete report is
attached hereto and made a part hereof.
B. Zoning Comittee report and proposal to purchase Code
of Ordinance on computer disk
Commissioner Fletcher referred to the review of the
zoning code that his committee is conducting. He
reported the committee meats at 4:00 p. m. every
Wednesday in the Conference Room of the City Hall. The
committee would like to have the code on computer in the
City Hall so that they can make changes more easily. The
committee is requesting to purchase from the Municipal
Code Corporation the computer disks of the municipal code
for S2,000. Edwards
Motion: Purchase entire municipal code of the Fletcher x
City of Atlantic Beach from the Municipal Code Tucker
Corporation for S2,000 Waters x
Gulliford
A discussion ensued concerning whether this could be
purchased from another source. The mayor suggested using
a scanner to reduce the code to a disk or something of
this sort, to save money.
Edwards x
Substitute Motion: Authorize the City Manager Fletcher x x
to acquire the entire code on disk or to Tucker x x
explore the means that would be more Waters x
economical to do this, not to exceed S2,000 Gulliford x
The City Manager advised he will get competitive quotes
Sf they are available when purchasing this disk.
The question was called and the motion carried
unanimously.
C. Report and reco®erdation by Awards Committee
Chairman Commissioner Edwards on Hid N9192-B roll-on
roll-off sludge containers
Commissioner Edwards recommended that the Commission
PAGE FIVE
MINUTES, APRIL 13, 1992
George Worley reported Dr. and Mrs. Robert B. Van Cleve
own a large ocean front lot immediately south of Ocean
Breeze with dimensions of 75 feet wide by 624 feet deep.
They desire to subdivide the large lot into two smaller
lots. An ingress/egress and utility easement was
proposed through the street lot to service the ocean
front lot.
Notion: Approve recommendation of the
Community Development Board to approve
application to subdivide a large oceanfront
lot owned by Dr. and Nrs. Robert B. Van Cleve,
and limit development to one single family
residence on the oceanfront lot.
During a discussion it was determined that by providing
a perpetual easement the applicants would meet the City's
access requirements as provided in the Subdivision Code.
On the ocean lot, only a single family structure could be
built. Commissioner Fletcher inquired if a limit could
be put on the size of a building that could be built on
the other parcel of land on Seminole Road. The City
Attorney responded that the Community Development Board
did not place a condition of this nature on the
applicants.
The question was called and the motion carried with a 4-1
vote, with Commissioner Fletcher voting nay.
Agenda Item 9F vas taken out of sequence and the Mayor
iadicatedthis item should have been listed under "old
business.^ He renamed 9F as 6C and acted upon it at
that time.
5C. Reconsideration of water treatment plant bid
Motion: Reconsider water treatment plant bid
No second. Motion died for lack of a second.
7. Consent:
A. Report on usage of the Adele Crage Community Center
for March
B. Action by the City Commission to approve the
recommendation of the City Clerk regarding clerical
staff
Motion: Approve consent Agenda
NAME OF
COMMRS.
M
S V
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N
Edwards x
Fletcher x
Tucker x x
waters x x
Gullifor x
Edwards
Fletcher
Tucker x
waters
Gulliford
,Edwards x
Fletcher x x
Tucker ~ x
waters r.
Gulliford ~ x
PAGE FOUR
MINUTES, APRIL 13, 1992
with Rose Blanchard and Mrs. Baillie to try to work this
out, and to investigate the fire code as to whether or
not more than 50 people can use the Center at one time.
Mayor Gulliford asked John Weldon, Chairman of the Adele
Grage Community Center Committee to set up a meeting with
his committee and discuss this matter.
5 Resolutions-
A. Resolution #92-9
Mayor Gulliford introduced in full, in writing Resolution
No. 92-9: REMOVING THE NAME OF HARRY ROYAL FROM CHECK
SIGNING AND REPLACING IT WITH KIRK WENDLAND.
Motion: Approve passage of Resolution #92-9
No discussion before the vote. The motion carried
unanimously.
6. Old Business:
A. Report on ownership of streets in the Selva Marina
area
Alan Jensen reported the streets in the Selva Marina area
are owned by the development company. He suggested
polliny the property owners to see if they are interested
in having the city assume ownership and maintenance of
the streets, and possibly projecting costs that would be
assessed to the property owners to bring the streets up
to standard. ~-
A discussion ensued and it was suggested using gas tax
money to fix the streets. The Mayor responded the city
could not take public money and use it on private
streets.
!lotion: Instruct the City Manager to notify
the residents of this area via letter of the
problems regarding the streets and invite them
to meet with the City Commission in a special
meeting in an attempt to resolve the problems
associated with ownership and maintenance of
these streets.
No discussion before the vote. The motion carried
unanimously.
B. Discussion and related action relating to the
adoption of subdivision of Van Cleve property
NAME OF
COMMITS.
M
5 y
Y Y
N
Edwards x x
Fletcher x
Tucker x
waters x
Gulliford x
Edwards x
Fletcher x x
Tucker x
Waters x x
Gulliford x
PAGE THREE
MINUTES, APRIL 13, 1992
Substitute Motion: Defer action until next
meeting. Address the question of traffic and
define more accurately where the right-of-way
is.
The question was called and the motion carried with a
vote of 4-1, with Commissioner Waters voting nay.
Mayor Gulliford referred to the pole that comes from the
roof at Ruby Beach Cafe. xe indicated Bob Hill, Traffic
Engineer for the City of Jacksonville, called him and
voiced his concern about the potential liability
regarding this and Mr. Hill indicated he had contacted
Neptune Heath officials to discuss the matter. The Mayor
reported they discussed the possibility of eliminating
the traffic light at the intersection of Atlantic
Boulevard and First Street. The discussion concerned
either going with a four-way stop, or making Atlantic
Boulevard without a stop, and 1st Street from Neptune
Beach, and Ocean Boulevard from Atlantic Beach, having
stop signs. This will be reviewed further.
4. Aooearances•
A. Cason Merry Baillie spoke on behalf of Players By
the Sea. She indicated Players would like to use the
Co®unity Center building as follows: For children, ages
8 to 12, from June 22 until July 31 -from 9:00 am until
1:00 pm weekdays; for adult rehearsal, 3 nights per week
°or four weeks from 9:00 pm until 9:30 pm, for a period
of four weeks, and for senior adult rehearsal, every
Wednesday, from 2:00 Pm until 4:00 pm, during spring and
fall only.
Mrs. Baillie indicated Players would like to put on their
plays at the Community Center. She indicated Players was
a won-profit organization, and she asked the Commission
to waive the fees for night use of the Center. She
indicated Players would provide a free performance for
Atlantic Beach residents in appreciation for the use of
the Community Center.
Rose Blanchard stated the Communlty Center was scheduled
to be used £or a summer camp for Atlantic Beach children
from June 8 through July 21, with approximately 40
children attending the camp. She reported the City's
fire code would only allow 50 people in the Community
Center at one time.
Commissioner Fletcher suggested the City Manager meet
NAME OF
COMMAS.
M
S V
Y V
N
Edwards x
Fletcher x x
Tucker x
Waters x x
Gulliford x
PAGE TWO
MINUTES, APRIL 13, 1992
NAME OF
COMMRS.
M
S V
Y VI
N
value of the houses and how much the City paid for them.
The Mayor indicated his desire to have this as an agenda
item for the next regular Commission meeting, and he
asked George Worley to identify ownership and any other
specific infozmation concerning the Francis Avenue
properties.
Dave Siebert, 816 Cavalla, spoke concerning his desire to
construct a fence behind his property. He explained he
was not able to do this, however, because the property
was a fire lane. He felt the fire lane had been ignored
by the City. Gorge Worley explained that through codes
enforcement the city was trying to keep this alley clear
and that the City intended to place signs on each end of
the fire lane. He explained the Fire Department needed
the fire lane open so that they could get to the back of
the building in the event of a fire. The Mayor asked
George Worley to contact Chief Rew once again to make
sure the fire lane was necessary, and to investigate if
the property was designated to be a fire lane when it was
sold to the owners. Chie£ Thompson indicated once signs
are in place, the Police Department would be able to
enforce the law by ticketing or towing cars illegally
parked in the fire lane.
3. Fresentatio s•
A. TOVn Center
Commissioner Fletcher gave a presentation concerning the
Town Center, and he indicated he would like the
Commission to adopt a resolution to commit right-of-ways.
He stated the City had approved the concept of the Town
Center in prior actions. He presented a drawing of the
project and explained the project starts at 3rd Street
and ~Antinues all the way to the ocean. He explained
the sidewalks will be made of bricks, some of which, as
part of a fund raiser, will be engraved_ He indicated
400 bricks have already been sold.
Motion: Draft resolution to commit use of Edwards
Fletcher
right-of-ways, as indicated on the lan, and
p
Tucker x
as previously approved by the City
Waters x
John Weldon stated he is firmly in favor of this project Gullifor
,
but he felt the width of the sidewalks should be
reviewed. It was agreed Chief Thompson would review the
streets to make sure they are adequate for traffic
.
Commissioner Fletcher explained that this plan would not
delete any parking that already exists. Its purpose
he
,
explained, was to make the area safer for pedestrian
traffic.
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY
15
T 7 y y
:
COMMISSION HELD IN CITY HALL, 800 SEMZNULE ROAD, A O O
PM ON MONDAY, APRIL 13, 1992 T
E T
E
PRESENT: William I. Gulliford, Jr., Mayor D D
Glenn A. Edwards
Lyman T. Fletcher M 5
Adelaide R. Tucker, and
J. Dezmond Waters, III, Commissioners O E
T C
AND: Kim D. Leinbach, City Manager I O Y
N
Alan C. Jensen, City Attorney NAME OF O N E
Maureen King, City Clerk COMMAS. N D S O
The meeting was called to order by Mayor Gulliford. The
invocation, offered by Commissioner Fletcher, was
followed by the pledge to the flag.
~ r val of the minutes o£ the regular meeting of
1
il
.
March 23 1992 and suecral called meeting of Aor
2. 1992. edwards x x
Motion: 8pprove minutes of the regular meeting of Fletcher
Tucker x
x x
March 23, 1992. Waters x
No discussion before the vote. The motion carried Gulliford x
unanimously. Edwards x
Motion: Approve minutes of the special called Fletcher x
~
meeting of April 2, 199:. Tucker ' x
Waters x x
No discussion before the vote. The motion carried Gulliford Ix
unanimously.
~ Recognition of visitors:
City Manager Kim Leinbach introduced the City's new
'~, Finance Director, Kirk Wendland.
~I Mayor Gulliford introduced Brandon and Phyllis Terrell
! who will occupy the first Beaches Habitat home in the
City of Atlantic Beach.
Peggy O'Neill, President of Beaches Habitat, thanked the
Commission for their help. She invited the Commission to
- a dedication of their first Habitat house on May 2, 1992,
at 3:00 p. m. She reported Habitat has purchased two new
pieces of property, and she indicated they hoped the city
would construct roads to the property. She indicated
Habitat would also be interested in swapping this
property for city owned houses on Francis Avenue. George
Worley indicated the homes on Francis Avenue could be
renovated. The Mayor would like to know the assessed
``
CI1Y OF' ATLANTIC BEACH
REQJLAR MEETING OP TBE CITY C014QSSION, APRIL 27, 1992, 7:I5 P.M.
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of April 13, 1992
2. Recognition of VSSi[ors:
3. Appearances:
A. Robert Neiss regarding U.S. Senate Bill 1650-Flood Insurance
Erosion Act 1991
4. Old Business:
A. Proposed requested usage of the Adele Grage Community
Center (Carson Merry Baillie)
B. Discussion and related action concerning passible land exchange
with Beaches Habitat (City Planner George Norley)
5. Conaeat:
A. Status report concerning installation of fire lanes on Cavalla
Road
B. Approval co use ATY on beach for sea turtle patrol May -
November (Mort Hanson, Beach Sea Turtle Patrol, Inc.)
C. Proclamation declaring week beginning May i, 1992 as Youth Peek
6. Coaaaittee eeports:
A. Aoyal Pelm Committee report and recommendation to retain special
code enforcement service (Commissioner Waters)
B. Hater and Sewer Committee report (Commissioner Fletcher)
7. Besolutions:
A. Resolution i92-10 authorizing use of City R-0-N for Tovn Center
project
8. Sew Bns1¢esa:
A. Report and related action regarding draft contract with
Jaeksawille for CDBC funds (City Planner George Norley)
B. Disnlesion a¢d related action regarding protection of Sea Oats on
the beach (Mayor Gulliford)
C. Request to solicit RPP for Consultant Resident Observation (PN
Director Robert Kosoy)
D. Proposal to hire James Jarbo ae contract employee Eor special
projects (Mayor Gulliford)
E. Report and related action concerning request to accept proposal
of Connelly 6 Hickey regarding Levy Road Improvements (PN
Dlrecior Robert Koscy)
F. Request [o accept ]. Lucas b Associates, Inc. proposal for
engineering design for new chlorine contact facility at Buccaneer
NNfP (PW Dl rector RoberC Kosoy)
9. City Ilamger Reports and/or Correspondence:
10. Sayor [o call w City Coaadsaioaera, City Attorney and CSty Clerk:
A. Garage sale report (City Clerk Maureen King)
B. Citizen of [he Year report (City Clerk Maureen King)
Adjournment
i branC lax VanvnalN memo 767 .w,pe.. I
U.oFf Av ~ni G
' ,s8oq
..~t- 8 w.
E N0. 70-79-9
AN ORDINANCE AMENDING CHAPTER 8, SECTION 17,
Of THE ATLANTIC BEACH CITY CODE ENTITLED
'EXEMPTIONS FROM UTILITY TAX'; BT MDIMG
THERETO FURTHER EXEMPT10N5; PROYIDIN6 AN
EFFECTIVE DATE.
BE !T ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
that Chapter 6, Section 17 of the Atlantic Beach C1ty Lode 1s hereby
amended by adding thereto the following:
1. There shall be exenpted ail those Dersons or organizations tram
the tmposttion of a utility tax as are now totally exempted under Chapter
196.192, Florida Statutes 7918.
2. This Ordinance shall Decone effective on January 1, 1980.
Passed by the City Commission on First Reading Navmber 26,1979
~ Passed b the Cit Commission on Second Reed in n am
Y Y 9 Pr her tn,., 979
Passed by the City Commission on Third and Final Reeding Jnnuarty i~, 19a0
ATTEST:
~; - _ ADELAIDE R. TUCKER, CTTY CLERK.
.~(SEA1 ~ ~ --
i
i
~_
-rte ~_,F: _
aRDI NANCE No. 70-77-7
An Ordinance Amendl ng Sectl on 1 of Ordinance 6` 70-72-6, <Sectl on
8-14, Code of the Cf ty of Atlentie 8eaeh, Florl da.) Dei ng an Ordl nonce
antitlod: '
AN ORDI NAME IMPOSi NG AND LEVYING A TAX W EACH AND EVER! FURCFYISE
OI LSLOF LIdIIER GRADEStMETERED OR2BO7TLE0 GAS NA')URAL(LIQ(1II~FITED ',
pETRIX.EU1 OAS OR I.(ANUFAC)UtED) NITHIN THE COI~ORATE LIMITS OF THE
CITY OF ATLANTIC BEACH, FLORIDA: PROYIDI NG FOR THE COLLECTION OF
SUCH TAX: PROVIDING THAT IN EYERf CASE THE TAX SHALL 8E COLEECTED
FROM 7HE pUFA?IASER AND PAID BY 7NE Pl1RC)iASER FOR THE USE OF SAID CITY
TO THE SELLER OF SUCH UTILITY SERVICE AT TTE TIME OF PAYIKK) FOR CHARvE
THEREFOR TO THE SELLEit: PImViDING PENALTIES FOR TIE YIOI.ATION OF
THIS ORDINANCE: AIA REPEALING ALL ORDIWWCES A)O PARTS OF ORDINANCES
IN CONFLICT HERENI7H.~
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Saetl on 1 of Ordt nonce 8 70-72-6 (Sectl on 9-14, Code of the
CifY of ATlentic Beech, Florl de) is hereby emended to road:
There Is hereby Imposed end ievled by the City of Atimtic Beech,
Flort da, on each and every purchase of electricity, t I (Kerosene),
X 2, end 1 3 Fuel Oils (But not fueloils of lower grades.) Metered
or bottled gas (natural, liquified petroleum gas or menufectund),
In the corporate Itmiis of the City of Atlantic Beech, a tax equivalent
to five per .cent (5F) of the anqunt of the payments reeelved by the seller
of such utility service fran the purehasors. Said tax, in every ease
shell be collected from the purchaser of such utility service, and
paid by such purchaser for the use of the City of Atlantic Beech to
the seller of such eleetrteity, A' 1 (kerosene), X 2, and p 3 Fue!
Oils Ibut not fuel oils of tower grades.) or gas servi ee et the same
fiime the purchaser pays to the seller the seller's eherge for such service.
SECTION 11. Any ordinances or ports of Ordinances in conflict herewith
are hereby repealed.
This Ordi hence shell beeane effective on thlro and final reading.
Passed by the City Camml ssl on on first reeding March 14, 1977 -
Passed by the City Commission on second reeding March 14, 1977
Passed by the City Commission on thl rd and ti nal reading March 29.1977.
ATTEST:
(BEAU /7,Oi~i~ ~ ..~~s~
Adeiel de R. Tucker, City Clerk
IvIr. Lez Hester
January 29,1992
Page -3-
In regard to investor owned public electric utilities, both Florida Power Corporation
("FPC'~ and Florida Power and Light ("FP&L)" make ezteasive use of purchased
power from other utilities.
Aa informal study, by the JEA staff of these other utilities, has indicated that
there is no censistency is how the concept of purchased power is handled. Foz
ezample, both the Tallahassee municipal utility and FPC include the entire amount
of their purchased power costa in the fuel adjustment chnrge. On the other hand,
FP&L euludes only that portion of iffi purchased power which represenffi fazed plant f
or capacity costs in the fuel adjustment charge. JEA, with which you are cencenied, ~
I
follows the practice of Fl'C and Tallahassee and includes the entire amount of
purchased power costa within iffi fuel adjustment charge. This inconsistency in
practice indicates the eztant confusion with respect to the law and iffi ezemptions,
and also indicates that this taw has *"•^~;^ed static while the electrical utility ',
industry has grown and developed with new concepts.
A review of the above dted state sad local legislation, in conjunction with
canons of statatory interpretation end jadidal conatrnction, indicates two things:
First, from the state mandated ezemptioa, the term "fuel adjustment charge" ffi
sperifically defined end relates only to increases which result from increased feel
msffi after October 1,1973. Therefore, the state mandated exemption applies only to
that specific increase in feel charges. It is well eecagaized that when a statute
Jacksonville Electric Authority
WTEROFFlCE GO;ViE5PON0ENCE
February 21. ~e 9Z
sue~ECr: Taxation of Purchased Power/Fuel Adiustment Charges
rnon~ ____R__ovice lvles
ro John Delaney General Counsel
JEA, in conjunction with Mr. Neill McArthur of your staff, has
developed the following adminis*_rative guidelines to apply the
concepts of the City's Public Service Tax that are identified in
your letters to Mr. Lex Hester regarding Purchased Power/Fuel
Adjustment Charges. These guidelines are similar to those used
by Florida Power & Light Company to apply Public Service Tax.
Presently, JEA's suppliers of purchased power, including the St.
Johns River Power Park and The Southern company, separately state
energy charges and capacity-related charges on the invoices Por
these purchases. The Office of General Counsel has opined that
all fuel cost components of purchased power will be treated for
tax purposes like the oil and natural gas fuel costs incurred
with JEA's Electric System generating units. The fuel cost
component of purchased power will be subject to the City's Public
Service Tax to the extent that the fuel cost component of the
purchased power does not exceed the cost of JEA's fuel on October
1, 1973. All other components of JEA's purchased power costs
shall be subject to the City's Public Service Tax; these
purchased power capacity-related costa are similar to the non-
fuel costs of the JEA's Electric System's operations. JEA's
purchased power capacity-related costs currently include debt
servicefind related debt service coverage costs, renewal &
replaicement fund costs, nonfuel operation and maintenance costa,
transmission costs, and capacity costs.
JEA shall apply the administrative guidelines documented in this
memorandum for the City of Jacksonville Public Service Tax to
all JEA customers who are subject to the City of Jacksonville
Public Service Tax. Also, as you lrncw, some residents of the
General- and Urban Services Districts, exclusive of the three
beach cities and the Town of Baldwin, are served by other
electric utilities. These utilities include the Clay Electric
Cooperative, Florida Power i Light Company and Okefenoke Electric
Cooperative.
We would appreciate your review and comments regarding our
proposed Public Service Tax administrative guidelines.
RL/Jw/cr
~_
~.
F
~` ~;
JOHN A DELANEY
6(NfRAI CWNHL
March 3, 1992
:-
` `~
J' '~
. ''•r
OFFICE OF ,.
GENERAL COUNSEL
CITY OF ,JI1CE$DNVILLE
Mr. Royce Lyles
Managing Director
Jacksonville Electric Authority
21 West Church Sheet
Jacksonville, Florida 32202
Re: Purchased Power/Fuel Adjustment Charge
Dear Mr. Lyles:
~30~
J/~C WMNW
m uw
Fu ~Yd~ c
At the request of Joha Delaney, I am writing you in response to your February 27,
1992 memorandam, copy attached. That memorandum contained proposed JEA
administrative guidelines Ln order to co11eM the discretionary public service taz
socotding to conclusions contained is Mr. Delaney's letters of January 29, and
February 27, 1992.
A review of that memorandum indicates that the guidelines su therein follow
Mr. Delaney~s legal conclusions. Accordingly, I can offer no~her comments or
suggestions.
While reviewingg the two (2) opinions fmm Mr. Delaney, I noticed an error on page 3,
line 8, of the January 'L9, 1992 letter. At that particular reference the word
'Secludes" should be "euludes". I have taken the liberty of preparing a corrected
page for substitution.
Very truly yours,
Ner W. MrArfhur, dr.
Assistant General ('aunsel
NWMcAdrJpe
attachment'
x. Lez Hester, Chief Administrative Officer
John A. Delaney, General Counsel
Walter P. Baseells, AMD, Finance and Administration, JEA
Thomas R. Welrh, Deputy General Counsel. Governmental Operations
Mary Arditti, Director, Finance Dept., JEA
John J. Wolfel, Director, Aaountieg De t., JEA
Ann A. Beckwith, Chief, ElecVic Rates Div., JEA
,.. -
Mr. Royce Lyles
February 27, 1992
Page Two
The collection of the tazable portion of the purchased power costs should
commence with the March billing. Given the short period of time from the date of
flue letter sad your billing cycle, perhaps adjuatmeata rnuld be made to have the
March amount included as a part of the Apnl bill (or spread over the April and
May bille). This, of course, would be cone-time event.
I hope this further explanation will be of assistance Lo you in your fiscal
and accounting rnmputatioas.
As always, it is a pleasure to work witin the JEA and its fine staff.
With kindest personal regards, I am
Very truly gaura,
''~ J
John A. De e
Geaer unsel
JAD/pc
ce: Lez Ha
Welter
JEA
.. JEA
Agency Div.
_ o~ E~~
UI~~
OFFICC OF
GENERAL COUNSEL
CITT OF JACKSONVILLE
JOHN A DELANEY
arHCA.~ Oauu.e~
February 27,1992
Mr. Royce Lyles
:flsasgiag Director
Jacksonville Electric Authority
21 West Church Street
Jacksonville, Florida 32202
Re: Purchased Power -Fuel A~ustment Charge
uoo c,n w~.a_
J~Oaol.v• • FLW,M auu
Tp uon ow,ae
F.. yeu awns
Dear Mr. Lyles:
Pursuant to yow request, I em pleased to offer a clarification of my
January 29,1992 advisory letter to Mr. Hester and to memorialize conversations
with yow staff ae to how to apply nip legal opinion to the JEA as a municipal
utility. As stated pesviouelyy, I understand that the State's largest utility (Florida
Power sad L{ght) essentially interprob the Iaw in the same manner that I do.
The eatlre cost of uchsaed power should sot be included in the fuel
acjjustment charge. Only that portion of the cost ofpurchased power which itself
repreaeab a lhel adjustment charge would be included.
More specifically, that part of the coat of purchased power which
represents "pLnt" or "capacity" costa should be e:cluded from the fuel adjuat-
msnt charge. That portion of the cost of purchased power which relates to fhel
sad which rasalb in an inatue is the coats of service to cuatoE¢eta rmaltingg
from increased fuel wets to the JF.A should be included. Parsnant to state and
local law, the wet basis would be the wet of fuel to the JEA as of Oetober 1,1979.
To the extent that the fuel portion of the pzaxrhaeed power web represeab as
fac:eaae fn wale to the customer rqult{ag from ea increase in fuel coats to JEA
exceeding the~Oc~tober 1,1879 basis, that ezcess should remain as part of the fuel
arm don fmm tEe nublic~seivice tax. ue W a{joy the legislatively authorized
[90.wt PUOUC SERVICE TAx-GENE[tAL 190.10?
CHAPTER 790
PURLIC SERVICE TAX-GENERAL
:90.101 Tax imposed; rate; exemption.
"90.102 Collecion;IiabilityoCseller;discontinu-
ante of service.
'90.103 Records of purchases; inspection.
i90.10A Statements and payments where city
or independent agency is seller.
:!10.105 Application of [axmlocal telephone ser-
vice.
:90.106 Exemptions.
90.107 Computation oCtax when paid monthly
and quarter~annually.
-!)0.108 Scope o(tax.
:90.109 Deposit of moneys; use for designated
purposes only.
;90.110 Penalty.
-90.111 Impairment oC prior obligations.
790.101 Taz imposed: rate; ezemption.
There is hereby imposed and levied by the city on
each purchase of electricity, metered ar bottled
gas inatural, liquefied petroleum gas or manu[ar
turedl, water service and local telephone service
in the corporate Rmits of the city a tax in the
amount oC tan percent oC the paymenb received
by the seller of tha service Crom the purchaser Cor
[he purchase oC the service. The tar hereby im-
posed shall not be applied against a Cuel adjust
meat charge, if the charge is separately stated on
each bill rendered by the seller m the purchaser
for the purchase of a utility service; provided, that
jaef adjustment charge shall mean all inveases in
the cast a utility service to the purchaser resulting
from an intxase in the cost of fuel to the seller
subsequent to October 1, 1973. In every ®se the
tax shall be collected from tbe purchaxr of the
service and paid by the purchoxr Cor the use oC
the city m the seller of the service at the time of
the purchaser's paying the charge therefor to the
seller, but not less often than monthly, except for
water service which meY be 4uarter-annually. The
tax shall be collected on all payments received by
tF.e seller in payment of bills, statements or in•
voices rendered by the seller to the purchaser on
or after October 1, 1972.
Hirtop.-Code 1%5. a. 3943.Ord. 6&10681. µ 1. 7; Ora
69~1•l. a. 1, 2; Od ]Ob6a526; Ord. 71.397-191; Ord 72-'166
3i3. a. l: Ord. 747f3~Z7B, s. 1: Ord 83591400. ~ 1; Ord.
51805421. 4 y Ord &~1089~588, 4 1.
uol<.-Former a. 806.101.- -
790.102 Collection; liability of seller;
discontinuance of service.
lal It shall be the duty of every seller of
electricity, metered or bottled gas (natural, lique~
tied petroleum gas or manuCacturedl, water sea
vice or local telephone service, in acting as the
taxtollttting agency (or the city, to collect from
the purchaser, for the use of the city, [he L•r.<
hereby imposed and levied at the time u( cul-
lectingthe purchase price tharl;ed for each trans-
action, and to report and pay over, on or before
the twentieth day oC each calendar month, to the
Tax Collector all the taxes imposed, levied and
collected during the preceding calendar month. In
the event the twentieth day Calls on a Saturday,
Sunday or holiday, the time shag be extended ad-
ditionally to the next business day .rollowing the
Saturday, Sunday or holiday. The Director of Fi-
nance isauthorized to prescribe the Corms on which
the reports shall be made, which forms shall pro-
vide for the reporting oCa fuel adjustment charge
upon which no tax is levied. IC shall be unlawful
Cor a seller of a utility service to collect the price
of a sale oC electricity, gea, water service or local
telephone service without, at the same time, col-
lecting the tax hereby imposed and levied in re-
spell to the purchase or purchases and Cor a seller
o[ the utility service to fail to state a fuel adjust-
ment charge upon which ao eax is levied sepa-
rately from all other charges upon which the tax
is levied at the time the seller collects the charges
and tax from the purchaser.
(b) A seller [ailing m collect the tax at
the time oCrnLLecting the price oCa purchase shell
be liable t0 the city Cor the amount of the tax in
like manner as d it had actually been Daid to the
seller, and a seller [ailing to show separately the
amount of the fact adjustment charge upon which
no tar is levied at the time of collecting the charge
shall be liable to the city Cor the omount oC tae
which would have been coUeeted on the charge iC
the tax had been levied thertron. When a seller
Calla [o make a report or feiL+to PaY the tar within
the time required hereunder, a specific pemlty,
N addition to all other penalties provided herein,
shall be added to the ta: in the amount of five
percent i[the failure ie Cor not more than ten days,
with m additional five pemnt for each addi-
tionalten days or Craction thereof during the time
which the (allure continues, not to exceed o total
2867
~- -
y, 166.0x5 1990 SUPDLEMENT TO FLORIDA STATUTES 1989 a. 166.271
~; 5' W v00 Or less trpm the regwr¢meN for an
p d sai
a',1 ~ ruolw~mslan0ug Ine C!owsuNlS of Iros section.
5^~'nu.^.iciWUly Ina! OC¢S n01 cnOOS¢ w+th respect Io
5^v sL¢GLC pu¢ndse IO uDllte the ¢zemption Ir«n S.
..07111 Orovged In W5 Sechon mdY 1011pW My PrPLO'
,.e 41.n CPnniCl •win me prwison5 of chapter 1191«
~e w*cnaze of real property wn¢n is auth«¢etl m us
+r « es!dDllsned py «dlnance.
~-.GI <pming m Iros seCil«I shall be iMerpr¢letl as
^,p,.tlng an e.emption Iron. « M exceplan to. s.
j J11
w,r.-, i :r Y.SR 5 3 f f1-3:5 r b G iJ-YU
PANT III
MUNICIDAL flNAfaCE AND TAIUTiON
cc 231 lkmiclparNes: puGv: Servile tar
166.23fA Nunic~Ul ~ D~ a~~alne D«cnase
i' Nal
y e'eCInCRY, meteretl « bolped qas (natural lpuehatl
;elraeum gas «manulaclure0), 31M water service. The
sa shall DB IeweO poly upon purCha489 wM1Nn the
y:,c,WUry and mall roI exceed t0 paten! d the pay
Tents received lty ire seller of lne Taxable item Iron me
y~ d5N 1« m0 purcrasa of SUCH SeNICB. MurYCipali'
,es vnpOSing a tact «l Ira purChaSB of qbb IelewSan
lernce as of aWy a, 7977. may r.OriMUe 10 levy such laz
;p ;ce ezlenl necessary to meet aU obagaupns to « I«
Te cenelil d hdden OI D«3o5 « cemlicales wNCh
szuetl Ixxx to May 6, 1977.
(Dl the W imposed by Paragraph (a) Shag not be
agamsi arty fuel a0ws1n1Mt rylarge. and such
Sar9e shall ba aeWratery staled on eaui bd. Th9 term
^~e adpuucent charge' means tm mcreases m va cost
y vlary services to the ultimate wnsiriier resulhng tram
do unease m [M cost d hat to dte utiery subsequent
a Capper 1, 1973.
!21 Servrss compeatire wim plow eniarerated in
woseclwn (t) a subser;lan (9). as oehried by «di-
narca, stall be IaxEd Orl a c«rlParable base at the same
vies. tgwever, h3M d shsl be tailed at a rata not t0
4ceed { ceM5 par galas. Nowevm. bx riauaCipariliBa
e+riri9less roan pa niaxamari rate alowade n sinsee
lm 116 the r118xulxm tai on hat d shat bear da same
aoponon t0 9 CAMS whidi pia tax 2le bvied tinder
LASKhprl (7) bears 10 Osa rraxalaan ratio alw.abb n
taxi (1l.
31 a rntautipe9ly rliay exempt hom Ua tax anpceed
>7 Sector arty artiotalt ilp lo. end xlatrdm9, the lust
i704Spwait ll«tn d ebctrinty Dte~~ par month br
'esgenlW ufe. SUCH exerrlpliorl Snell apply IO eaCt seP'
arpa resxfenbal tint, regardless d wheNer ntcfi tAal n
In a separate meter « a central meter. arld shat ba
;asud On W eeUl mtlrvdual tenant.
tq Tha purdtase of rghYar gas «tlal d Dy a ptrdc
s arvale ulialy. MtMr I« resale «kr use as lud m [tb
9meratpn d slBCinary. «IM p«Uase d hxsl d a ken
eserc br use as an araaN ergea fuel « prppelaM «
la use m mlemal cOmbuSWn e«yMS 6 exempt from
n,auon nereunoer.
l5 Amun:cIWIAY r^dY erempl lr«n laxahOn h¢reum
d¢ the purcna5e Of the larabm dams by the Umietl
Slates Government. mss slate. a any other puDIK ootlv
as tlehned ~n s. 1.01 aru] mall ezempl purchases Dy any
recCgruted church m mis state I« use ezclu5nep 1«
Cnurcn purposes.
(61 Tne tar sum«IZea nereuntler snarl ce codecled
by IM sever of the laxdbl¢ Item irOm the W/Chaser al
the Dme OI Ih¢ pdyrtl¢pl 1« sUGn Service. The Seiler shill!
remit Ih¢ Idzes cdleclM Io the munKlpolliy m In¢ man-
ner presalceo by «oinMCe
Qf A muniOpalily snail noldy N wniing dny knpwn
seller cl Hems idxdple nereurufer 01 any change in lht
balptlanes of lne munGparlly « m the rdie pl Idadlgn
l6)la) A municlWlily may by «dmance evempl rot
less than 50 percent 01 the laz imposep urger Iros seC~
tan M pmcnd5ers OI ¢leciritar energy whp are o¢ler~
mnetl lp be eLgibte I« the ¢zempliOn pwidetl by s
212.06(151 by Ine Oeparlment 01 Revenue. The ezemp~
Iron shill! De ddmnslared as «wioetl in loot SeCign. A
COpy Of dny «dmarlCe adopted pursuant lp INS SubSeC~
tan Srldil DB WOVIde0l01n8 D¢WnmMl pt Revent¢ rwl
leSS Ihdn la nays prvX to M1s epeCUVe tla10.
(b) N pie even) M area Thal 4 aulh«Ked to be an
M1erpI158 IMB pmSUanl 10 5. 290.0055 hd3 rql Yal
been approved pursuant to s. 2900065. a munapalny
may enact an «dmance I« such exemplar; however.
me «tllnance SroW n01 DB BII¢cWe unid Such area i5
aPproveo pursuant 1o s. 290.OO6fi.
(c) This subseclan snail expne and be vdd on
Dec¢ril0er 31, 1990, ezrepl Wt any quiWlieo G3Yne55
whirl! has sabsire0 the requvertanls at pus subseaan
poor to December 31, 199x, 5naa ce arwwea the luu Den
Qhi d IhR ex¢mpUM arlmvetl pflder lNa SubalCWn ds
if tM5 suDSeCtmn had not expuetl On DeC¢inber 31,
799x.
(9) A munippahly rtWY levy a lax prl Vte Pluchase cl
telecprrurxtniCahon semces as defvad m s. 203072 as
louorvs:
(all. Drily upon p«clases vnlron pie munpWlily
of local lelepnane service as aeluad m s. 203.Ot2I31 al
a rate rot to exoeetl 70 percent d the monthly rearnrg
Cuslian& semce charges. excluding pudic telephwne
Vargas cdlecled an pIB. access charges. dryd any cus.
tor7ler access Imo charges Wd to a blot leaptmce
coiriPariY: «
2. DrdY upon p«chages lwitun lta mxadpa6ry d
tdecortuwrucatans service wludl «aya:es arl0 temr
N10! n WS sW18 al a tale not t0 e11CBBd 7 pwwnt d.
the total am«mt UNrgep Ip any leaCOraraaacaD«is
service provided wNUn pie rrxaucipaary a. d Uia locahpn
d the IeleCOrYrxaxCatKKls SBIVICB provided Cillld la
d0lerrnxietl, the Iola! arnoirM brYeO t« S1mJ3 leleLrorrxixi~
nwD«a service b a laleWlorie a IeaPrlola rumber.
a leleCpr«rurucaUma number «device. «a Mtprrl
erf' billing address btatad SwWn the raatmupality,
excludutg psitdic telephone dtarge9 Cplect00 on 918.
dlarges for arty 1«agn exUarge service «eriy pm2a
bra service except wtan Such services are used «sd0
a9 d SUbSbIUb t« arN IeWjtlpfa cmiparry sauldled Sat'
vKe a dedmdte0lauety by wruCh a lebpfl«a coiripar^/
providts a corraipasr,anpn Win. access crarges. and
arty arslorrpr access br1B dlargea paKl to a local lele-
269
NOTICE
OF
ILLEGIBILITY
ILLEGIBILITY OF SOME OF
THESE DOCUMENTS IS DUE
TO THE POOR QUALITY OF
THE ORIGINAL. THE FAULT
DOES NOT LIE WITH THE
CAMERA OR ITS OPERATOR.
.~~.
ir_-~-
iii ii
\L_-JI
~~~~ ...
TM Inbm.la W
~^4 ~T
/.JGV:1 :fit
Mr. Lez Hester
January 29, 1992
Page-8-
There presently exists no authority by general law, to exempt the entire cost
of punhased power, Crom the public service tax. At least part oC that purchased
power should be subject to the local public service tax. To the eztent that the cost of
purchased power itself rnntains a fuel adjustment charge, stated sepazately as
required by state and local law, that fuel adjustment charge should not be fazed.
However, the remaining portion of the rnst of purchased power should be subject to
the tax. Unless and until the Florida Legislature provides a further ezemption, is
the form of a general law, JEA's discretion is including the entire amount of
purchased power in the fuel adjustment charge is limited as stated herein.
Very truly yours,
John A. uey -1~
Gener Counsel
JAD/pc
attazhments
tt: Royce Lyles, Managing DirecWr, Jacksonville Electric Authority
Welter P. Busselln, AMD, Finance & Administrakion, Jacksonville EleetrieAuthortty
ThomasR Welch, Deputy General Counsel, Governmental Operations
Gerald A. Schneider, Chief, Finance Division
Lee S. Cazlin, Chief, Agency Division
Thomas C. O'Bannon, Assistant General Counsel -
Mr. Lex Hester ~-
January 29,1992
Page -7-
a municipality, does not include the power to ezempt from taxation or the power to
remit or compromise fazes. 16 McQuillin, Municipal Corporations, 444.65, p. 204.
(3d rev. ed.1984)
Section 166.231, Florida Statutes sets out, by general law, one (1) mandatory
exemption from the public service tax (Section 166.231(1)(b), Florida Statutes) and
four (4) permissive or discretionary exemptions (Sections 166.231(3), (4), (5) and (8),
Florida Statutes. However, there is no specific exemption for purchased power, and
those existing exemptions cannot be construed as encompassing purchased power, by
implication or otherwise. As has been previously stated, it is a well settled rule of
statutory construction that expression of one or several things in a statute implies
the ezclusion of other things not ezpressed. Thayer u. State, supra. This is especially
true, with respect to the striM construction given to fazing statutes.
Applying the above cited law, Florida's AtWrney General has previously
opined that municipalities are not authorized to establish a cap on the amount of the
public service taz generated by its chosen percentage rate. The rationale for those
opinions is that taz caps, oa the public service taz, have the efleM of ezempting from
taxation, that portion of the tazable value of electric service generating revenues is
ezcess of such exp. Such an exemption, other than the exemptions specifically
recognized by and authorized in Section 166.231, Florida Statutes, are not allowed.
Op. A try. Gen. Nos. 87-45 and 89-11.
_-
Mr. Lez Hester
January 29,1992
Page•6-
the levy of and exemptions From ad valorem and non-ad valorem taxes. A
municipality's authority to levy taxes is not found in Article VIII, Section 2, Florida
Constitution (1968) which authorizes municipal home rule powers, but is instead
found in Article VII, Section 9, Florida Constitution (1968) which relates specifically
to local taxation. As provided therein, all such ad valorem taxing powers must be
expressly authorized'by law" while non-ad valorem taxing powers must be expressly
authorized by "general law." Art. VII, Section 9(a), Florida Constitution (1968); City
of Tampa u. Birdsong Motors, Inc., 261 Sa.2d 1 (Fla. 1972). In matters oC
rnnstitutional construction, the term "law", as used is the Constitution, contemplates
an enactment of the State Legislature. Grapeland Heights Ciuic Assn u. City o/
Miami, 267 So.2d 321, 322 (F1a.1972); accord, Bromard County u. Plantation Imports,
Inc., 419 So.2d 1145 (Fla. 4 DCA 1982). Thus, the entire field of local taxation and
exemptions is preempted to the State Legislature for authorization in the form of
either general, special, or local laws relative to ad valorem taxes and general laws
only, relative to other tares such as eacise fazes.
Any doubts as to the fazing power sought to be exercised must be resolved
against the municipality. City o(Tampa, supra. Those general laws which authorize
a municipality to taz are to be strictly construed; are not to be eztended by
implication; and are not to be enlarged so as to include any matter not specifically
included, even though that particulaz matter may be closely analogous to the powers
so authorized. Id. Stated somewhat differently, the delegation of the power to tan, to
Mr. Lez Hester
January 29, 1992
I'agc •5-
Similarly, it has been held that the law creating the fuel adjustment charge
exemption was without ambiguity and clearly expressed the legislature's intent that
only the portion of the fuel adjustment charge, (as defined in the statute) which was
imposed after October 1,1973, was exempt from the discretionary local public service
tax. Jaeksonuille Electric Authority u.Rice, 391 So.2d 190 (Fla. l DCA,1975).
Because the language is the local ordinance, which implements the State
mandated exemption, is so similaz to the state statute, the same rules of rnnstruction
would apply. The local exemption of the fuel adjustment chazge is not broad enough,
nor does it contain any indicia of a local legislative intent to include all or part of
purchased power within that exemption. Furthermore, such a local exemption, not
expressly authorized by general law, would not be permitted. Ia other words, once a
city opts to enact the tax, it must do so only in the manner provided by the legislature
in its authorizing statute. For purposes of this opinion, the term "general law" means
a law that operates universally throughout the state, uniformly upon subjects as they
may exist throughout the state or uniformly within a permissible class. Department
ofBusiness Regulation u. Classic Mile,lnc., 541 So.2d 1155,1157 (FIa.1989).
The public service tan is an excise tax as opposed to an ad valorem ta:. State
u. City o/' West Panama City Beack, 127 So.2d 665 (Fla. 1961). It is a fundamental
principle of Florida law that a municipality has no home rule power with respect to
Mr. I.ex Hester
January 29,1992
Page -4-
~~s
5t
.oa r
,O, \~~ Y~
~ t~
d~ . ~ ~
expresses one of several things upon which it operates or to which it applies, the
exclusion of other things implies the legislative intent that the statute will neither
operate upon nor apply to those excluded things. Thayer o. State, 335 So.2d 815 (Fla.
1976). Stated somewhat differently, in rnnstruing a statute, legislative direction as
to how a thing should be done is, in effect, a prohibition against doing that thing in a
different manner. Alsop u. Pierce, 19 So.2d 799 (Fla. 1944). Thus, the statute, on its
~ Cace, was not intended to include purchased power as part of the fuel adjustment
charge
Second, the term "fuel" as used in the defined statutory term "fuel adjustment
charge", pursuant to judicial definition, is not broad enough to cover purchased
power. Ia that regard, the Florida Supreme Court, is construing Section 166.231,
Florida Statutes. has provided an mstructrve definition of the term "fuel" as used in
"fuel adjustment charge":
"We fin3 the trornmon meaning of'fuel' supplied by the a fN~• l
trial court to be adequate: 'An matter used to roduce
heat or wer b burnin¢. as w coo eat etrolenm
gas... ctionarycita4oaomttte )..." (es.)
City ojTampa o. Thatcher Class Corp., 445 So.2d 578 at 580 (Fla. 1984). In the
absence of a statutory definition, it is presumed that the use of the terms, by the
legislature, is in accordance with the meaning as defined by the Courts. 49 Fla. Jur.
2d Statutes 4132.
Mr. Lex Hester
January 29,1992
Pagc -3-
[n regard to investor owned public electric utilities, both Florida Power Corporation
("FPC") and Florida Power and Light ("FP&L)" make extensive use of purchased
power from o•.her utilities.
An informal study, by the JEA staffof these other utilities, has indicated that
there is no rnnsistency in how the concept of purchased power is handled. For
example, both the Tallahassee municipal utility and FPC include the entire amount
of their purchased power costs in the fuel adjustment charge. On the other hand,
a1dabs
FP&L includes only that portion of its purchased power which represents fazed plant
or capacity costs is the fuel adjustment charge. JEA, with which you are mnterned,
follows the practice of FPC and Tallahassee and includes the entire amount of
purchased power vests within its fuel adjustment charge. This inconsistency in
practice indicates the eztant confusion with respect to the law and its ezemptions,
and also indicates that this law has remained static while the electrical utility
industry has grown and developed with new concepts.
A review of the above cited state and local legislation, in conjunMion with
canons oC statutory interpretation and judicial construction, indicates two things:
First, from the state mandated ezemption, the term "fuel adjustment charge" is
specifically defined and relates only to increases which result from increased fuel
costs after October 1, 1973. Therefore, the state mandated ezemption applies only to
that specific increase in fuel chazges. It is well recognized that when a statute
Mr. Lex Hester
January 29,1992
Page -2-
services to the ultimate consumer resulting from an increase in the cost of fuel to the
utility subsequent to October 1, 1973." The state statute was enacted in Chapter 74-
109, Laws of Florida, effective July 1, 1974, and is codified as Section 166.321(1)(b),
Florida Statutes. A rnpy of Section 166.231, Florida Statutes (1990 Supp.) is attached
for your ready reference.
The City has exercised its discretion to levy the local public service tax for
many years. In 1974, the City enacted Ordinance No. 74-686-277, which
implemented the fuel adjustment charge exemption to the public service tax.
Pursuant to the ordinance, the term "fuel adjustment charge" was defined
substantially the same as the state statute as follows: "all increases in the cost of a
utility service to the purchaser resulting from as increase in the cost of fuel to the
seller subsequent to October 1,1973." This ordinance became effective eight (6) days
after the authorizing state statute on July 9, 1974, upon signature by Mayor Tanxler
and is currently codified in Section 790.101, Ordinance Code. A rnpy of Section
790.101, Ordinance Code, is attached for your ready reference.
When the State and local laws were passed, the concept of "purchased power"
by one utility from another, was almost nonexistent. However, over the years this
concept has increased. While not too many municipal electric utilities purchase
power to a great eatent, JEA finds it economical to do so as its needs require. The
Tallahassee municipal electric utility also purchases power insubstantial amounts.
I
t l - i _ I,
~ '~~
~ ~)
~5
' OFFICE OF
GENERAL COUNSEL
CITY Or JACKSONVILLE
JOHN A DELANEY
GCMCRµ COVNSCL
January 29, 1992
Mr. Lex Hester
Chief Administrative Officer
City ofJacksonville
1400 City Halt
Jacksonville, Florida 32202
Re: Purchased Power/Fuel AdjustmentCharge
Dear Mr. Hester.
nur;,r,.~ r,~., l s l .. ~
J.ti, -- .,.~
lr.
~_ I~•~ ~ ,
ft[la t,~+
noo cix Nwu
J.~CwsonviuE i,Gw,ow azzoi
i[L ~BH~NU+1<O
Gw[ i9G~ 6]oiry
You have requested legal advice as to what discretion, if any, JEA has with
respect to including the cost of purchased power in its fuel adjustment charge.
Pursuant to your legal request, my staff has been working closely with the JEA in
order to develop relevant facts upon which to apply the state and local laws
concerning the discretionary public service tax and its exemptions. From what has
been developed, it appears that,ia the absence of a general law by the Florida
Legislature, JEA has very little discretion with respect to purchased power and the
fuel adjustment charge and there appears to be no authority W include the entire
amount of purchased power in the fuel adjustment charge. An analysis follows:
From an historical perspective, the Florida Legislature passed astate-wide
mandate that the discretionary local public service tax would not apply to fuel
adjustment charges stated sepazately on a utility bill. In the state statute, the term
"fuel adjustment chazge" is defined as follovrs: "all increases in the cost of utility
`` ~~ i
5
V'•
7 ~ ~
,_f _._
JACKSONVILLE ELECTRIC AUTHORITY
RESIDENTIAL RATE
& PUBLIC SERVICE TAX CHANGE
PER 1,000 KWH
ATLANTIC BEACH
CURRENT REVISED
BASE RATE CHARGE $~~~' $~'9J
TOTAL FUEL & PUR. POWER CHARGE $40.20 $40.20
SUB-TOTAL $69.75 $69.15
GROSS RECEIPTS TAX $1.70 ~ $1.70
SUB-TOTAL $70.85 $70.85
FRANCHISE FEE ~~~ ~'~
PUBLIC SERVICE TAX -
BASE RATE CHARGE 5~•~' $~'~'
TAXABLE FUEL AMOUNT $3.55 $24.14
GROSS RECEIPTS TAX 51.70 $1.70
FRANCHISE FEE ~~~ ~'~
TOTAL TAXABLE AMOUNT 538.83 559.42
TAXABLE RATE 5% 5%
TOTAL PUBLIC SERVICE TAX 51.94 $297
TOTAL RESIDENTIAL CHARGE 577.42 578.45
bargaining system. Therefore, even more, assignme nt and weight of
responsibilities ie placed upon [his single position within the
entire structure - of the Fire Department. As a result,
segregation of fire inspection, arson and safety direction tasks
are more critical now [Lan ever in my opinion. I propose to
compensate the Fire Mnrshall 327,549 per year and 54,586 for
duties es safety director. Chief Rev would continue to receive
his incentive pay of 51,200 per annum as well. Thus, [here would
be no redo ccion in compensation for Chief Rev.
I realize that this is being proposed to you at mid-budget
and would understand if you prefer to defer the same to our
budge[ vorkahope. However, I still feel the position is
warranted and would allow me to maximize the qualitications of
Chief Rev both [o [he advantage of the City of Atlantic Beach and
to himself and would like to proceed as soon as possible. Thank
you for your consideration and please do no[ hesitate to contact
me if you have any questions or desire additional information.
S i/,n c~ejr e!/l,~/y/n/
i~. LeinbacG~~h~
C i[y Hanager
KDi.det
ct: Molter P. Rev'
REP: RDL.88
x.
CITY OF
~tla«tle $eaek - ~lazcifa
eao selmoLE actin
L .___-_- - --_- -_ ~---_ ATLANTIC 9EACN, FLORIDA 13211-SSfS
TELEAION'E I9W134'F59011
.rti"~ FAx 19W13f}SmK
April 6, 1992
Bonorab le Mayor
City Commission Hembers
Atlantic Beach, Florida
Dear Mayor and City Commission Members:
At your last regclat City Commission meeting, I had provided a
recommendation to you For the creation of the Fire Marshall
position for the City of Atlantic Beach, Florida. The same vas
authorized but no monies allocated pending research and
identification of a funding source.
Recea[ly, I have been concocted by the Jacksonville Electric
Authority in regards to additional revenues the City will receive
from its public service Cax. To make a very long story short,
[his fee levied by [he City of Atlantic Beath will now be
applied against power purchased by the JEA, heretofore oot
included. I have enclosed a copy of applicable letters from the
Office of General Counsel as yell as [he Jacksonville Electric
Authority for yout perusal explaining [he new app licatlon of [he
public service tax. Ours is separate and one-half leas than tha t~
levied by the City of Jacksonville, but the new ruling still
applies to us. The net result is based upon a 1,000 kilowatt
usage at Che residential rate, Atlantic Beach customers will pay
about a dollar per month more. This will result in an increase
of about 40 - 50 percent in our revenues from the Public Service
tax or estimated 568,0000 per annum beginning Apr11 1992. Itis
this additional revenue source I anticipate utilizing for funding
of the Fire Narshall position if you so permit.
I also wanted to clarify with you a few more details relating to
the Pire Marshall's position. Said position is a department head
level assignment and as a result, reports directly [o the City
Hanager. I. believe Lla lter Rev Ss an outstanding candidate for
[his position and 6y transferring him to the same reflects
maximization of his skills in fire inspections, arson
investigation liaison, and safety director for the City of
Atlantic Beach. 1 also want to call out co your att en[ion, with
the recent rulings by the Public Employment Relations Commission
and judicial system, it is my opinion our Pi re Chief has less
reliance upon his lieutenants for assistance in the management
area by the fact IteutenanCS are a par[ of the Collective
Page 'No
Hemo to Hayor and Ci[y Commission
April 7, 1992
Citizen of [he Year could also receive other tangible benefits such as:
Free parking decal
Free Atlantic Beach auto tag
No charge for pet licenses, or any other such
concessions the City Commission may wish to offer.
Suggest first Citizen of the year be selected in the fall of this year,
vi th presentation being made next Christmas.
xt: City Manager
....
CITY OF
11tlaestlc b~'eael - ~lauda
BOO SEMLtiOLE ROAO
~--------~----- ATLMTIC BEACH, FLORf6A R3!}5615
Tif.FR10NE (901)16F5800
April 7, 1992
To: The Honorable Hayor and C.iAty ComOmission
From: Maureen King, City Clerk M K'"' J
In response to your request for recommendations regarding [he selection
of a Citizen of the year, the following is presented for your
consideration.
Nomination: Suggest nominations be open to individuals who have
donated time, tangible items or funds, or professional
expertise, or who have made any other contribution deemed
to be beneficial to the city. The City Commission may
wish to ex tend the nominations co include groups to allow
husband and wife Ceams or organizations (such as Publix,
Cd5 Bank, or Continental Cablevision) vhos<_ firms or
employees have made Contributions which benefited the
city, to qualify for nomination.
Nominations could be made by department heads,
employees, board members or standing committee members.
Nominations should be presented in writing outlining the
Contributions of the nominee.
Selection: Appoint a committee to review the nominations and present
a shore list to [he City Commission for final selection.
Selection committee could be comprised of those persons
eligible to make nominations; however, anyone who had
submitted a nomination should not be eligible [o serve on
the selection committee.
Presentation: Present Resolution co the Citizen of the Year at
Christmas Tree lighting oz other public even[, and follow
up with a report (with picture) in the Beaches Leader and
Courier. Dupl ica[e resolution could be displayed in Ci[y
Hall until thr Citizen of the Year is chosen [he
following year.
:- _ : -
i
ATLANTIGNEPTUNE LODGE Y107
P. O. Box 6i
Nepwne Beach. Florida 3223]-6100
20 Harch 1992
Honorable HilLiam I. Gulliford Jr.
Hayor of Atlantic Beach
800 Seminole Rd.
Atlantic Beach, F1. 32233
Dear Nayor Gulliford,
As you are aware, the Atlantic-Neptune Lodge, Fraternal Order o£ Police
has been tasked with the additional burden of paying rater,sewer and
garbage fees for oui Lodge Building. in order to meet this requirement, we
must curtail our programs in the community.
In the past, the City of Atlantic Beach has cone to our aid and with
your support, our Lodge was able to offset this financial burden. Ne are
once again seeking your assistance. The etlarges for these services in 1992
are estiaated to be in the area of 5500.00, xhich 1s a significant portion
of our yearly operating budget, and to be quite honest, a tremendous
financial outlay for an organization of our size. If you could present
this request to the full Council for consideration it would be appreciated.
As in the past, and regardless of the outcome of this request, the
Atlantic-Neptune Lodge will continue to make the Lodge Building available
for police training and other bona fide city functions.
Ne shall look forward to your reply, and thank you for your time and
attention in this matter.
S ~cere~~~
David L. Archer
Lodge President
and restrict the eime and location of such garage ssle.
There shall be no fee for [he issuance of such permit,
but no more Chan three (3) such permits may be issued to
one residence and/or family, household, or organization
during any calendar year. No permit shall be issued For
more than two (2) consecutive days. Such sales shall be
6e ld during daylight hours only. Each permit issued
must be prominently displayed on [he premises upon which
said sale is held. All merchandise [o be sold a[ such
sale shall be displayed in an enclosed garage or carport
and at no time shall merchandise be displayed on a
public right-of-way or svale area, provided, however, if
no enclosed garage or carport exists a[ said location
merchandise may be displayed on a private driveway.
One (1) temporary sign, not to exceed four (4) -s quare~
feet (double-faced is permissible) shall be permitted on
the property where the sale is to be conducted. In
addition, a maximum of two (2) other such signs, not to
exceed two (2) square feet each, shall be permitted [o
be placed on other private property vit6 the permission
of the owner or occupant. In no event shall signs be'
placed on public property nor shall the same be erected
oz displayed more than twenty-four (24) hours before the
sale ie to begin and such signs shall be removed
immediately upon the termination of the sale.
Parking - all parking of vehicles shall be conducted in
compliance with all applicable lava and ordinances. The
Police Department may enforce such temporary controls
which would alleviate any such hazards and/or congestion
caused by any garage sale.
Violations -
These are- the basic elements which would in my opinion regulate
garage sales and hopefully preclude those who have abused this
method of personal property Bale. It is a draft for your
coaelderatlon and ve will be most happy to refine and amend the
same as you deem appropriate. I would recommend that if you viah
to proceed, the City Attorney be instructed to convert the same
into the proper legal format.
Sincerely/, n
im D. Leinbach
City Nanager
RDL.d6[
S
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CITY OF
r~.~tla G"eacls - ~lozidu
Harch 23, 1992
Honorable Hayoz
City Commission Hemb ers
Atlantic Beach, Florida
Dear Hayor and City Commission Hembers:
eoo sFASmott aoAn
ATIA2IDC BEAC71, FLORmA +~+a15015
TFLEr110NE (90q 2!15000
FA% 00012!15805
Please recall ar the last regular City Commission meeting citizen
concern vas heard in regards to abuse of garage sales by an
individual on Boyal -Palms. Subsequently, this office vas asked
to propose an ordinance in regards to regulating the same.
Accordingly, I have reviewed the matter and would recommend that
the City Attorney construct as ordinance based upon the following
pzovis ions:
a. Definition - the term ^garage sale^ shall mean any sale
or offering for sale of personal property by a person or
persona of a 8amily or other household unit, said
personal property having been acquired, possessed and
used by the family or household for personal as opposed
to business or commercial use, when such sale is to be
or is conducted a[ the present residence of such family
or household. The term shall include sales commonly
referred to patio sales, driveway sales, yard sales and
other such sales. The term shall not Snclude the sale
or offering for sale any goods on consignment, nor shall
St include the Bale or offering forsale o~ goods for
more than three (3) families or households.
b. Garage sales shall be conducted in compliance with all
lays, ordinance s., rules and regulations not Sn conflict
with this chapter.
c. Exemption - the provisions (regulating garages sales)
shall not apply to sales of personal property made
pursuant to a valid order of the court of cumpetent
jurisdiction.
d. Permit - no garage sale shall be conducted vithi^ the
City without a permit having been first issued for such
sale by the City Nanager. Such permit shall se[ forth
<~-
20NING AND SUBDIVISION REGULA'f10NS 4 24-159
Sec. 24-139. Home occupations.
Intent To recognize the need for people to conduct small-scale home occupations, which
ere incidental m the primary use of the residence, while preserving the character of residen-
tial neighborhoods and minimizing Vaftie and nonresidential disturbances
(a) A home occupation that is solely used for the purpose of receiving phone calls and
keeping business records in connection with aaY Profession or occupation or any business
activity of a sedentary nature, ae listed in (7) below, shall be permitted in all residential
distrieta and shall require a "cenvenience licence." Service occupations including, but not
limited to beauty salodbarber pimited to one operator), carpenters, minor contractors doing
remodeling or home repairs, wall papering, floor covering or file work, cosmetic sales, pet
grooming, repairmen (household appliances), travel agents, Painters, window cleaners, and
mid w )awn service, shall also be permitted, provided as more than one vehicle is used in the
bssine® and the applicant can meat all other ceaditions provided herein- The following
oontpations shall not be Permuted as home occupations: EacortlntroduMion service, massage
ttaxapist. welding, vehicle repair, manufacturing such ae rsbinet making, or-upholstering.
game occupetiom shall not be permitted in areas which are restrcted by deed when such
dacamenra are recorded in the public records of Duval County and on file with the city clerk of
the City of Atlantic Beech. All other business activities shall be restricted to the commercial
distriete. The following regulations shall aPPly to home oaupations:
(1) The address of the home oteupetion shall not appear in the telephone book, oa
letterhead, cheeks or any type of edvertiaiog.
(2) No one other than immediate family members residing on the premises shall be
involved in the occupation. There sball be a limit of one license per person, and no
more then two (2) lioeneee Per household. The home oavpetioa shall be noatreaafereble.
(S) All 6uaiaeae activities conducted w the liceaeed Premises shall be conducted en'.vely
within the dwelling. Thera shall be no outside storage or outside use of equipment or
materials.
(4) No more than one (11 room of the dwelling shall be used to conduct the otxvpetion,
provided the area of that room dose not exceed twenty~five (25) percent of the total
living area of the dwelling.
(5) No ezterml sign or evidence that the dwelling is being used for the home occupation
shall be allowed.
(6) There shall be no pedestrian or vehicular traffic, noise, vibration, glare, fumes, odors
or electrical interference as a result of the home occupation.
('7) The following ere typical occupations Chet are acceptable as home occupations: Ac-
countant, architect, artist. attorney, bookkeeper, consultant, auctioneer, seamstress
or tailor, insurance agent, music inatruclo*, Photographer, piano tuner, real estate
agent, secretarial serncee, telephone answering service, hobby/crafts (not involving
heavy equipment).
Supp. No.9
1457
CITY OF
dltlartle " 4 - ~louda
am semnou: awn
~--~ ---- - ATLANTIC BFAC H, FIARIw )i1J}5yt5
rFLFrHO~e ~Sa~ zassroo
_ _ ~` , FAX ISaI 2f1-5805
April 8, 1992
To: The Honorable Mayor and City Co®issioners
From: Maureen King, City Clerk
Subject: GARAGE SALES
A[ [he last Commission meeting [his office vas directed to look into [he
subject of garage sales as they relate to occupational licenses. Ic is
the opinion of this office [hat i[ yould not be appropriate to issue
occupational licenses for garage sales for the following reasons:
I. Occupational licenses are issued for a period of one year, from
October 1 to September 30 of the following year. An occupational
license would, therefore, alloy the holder to have as many garage
sales as they wished during that time.
2. Alloying garage sales to operate on a year-round basis would, in
essence, be approving flea markets to operate in residential
districts. This type of activity would not be in compliance with
the City Code, Section 24-159, Home Occupations.
I felt the intent of the City Commission was to provide a means to
regulate and limit the number of garage sales a resident could have, and
in this regard ve polled ten neighboring cities and submit the
following:
- 4 cities had no garage sale regulations and reported no problems
- 5 cities required permit (2 had no charge for permit, others ranged
from ;2.00 to ;5.00) -
- One city did not require a permit but allowed four garage sales per
year
- Cities with regulations allowed 3 or 4 garage sales per year
Moat cities indicated they had experienced no problems and felt [he
ordinance yas enforced only if a complain[ was received.
If it is the desire of the City Commission to regulate garage sales I
would suggest a permit system could be established indicating the number
of garage sales which would be allowed per household per year. You may
vieh to refer to the Ci[y Manager's reco®uendations in his memo of March
23, 1992.
t
c
ENVIROQ SERVICES, INC.
ATLANTIC BEACH, FLORIDA
T.V. INSPECTION LOO
DATE: gEBRDARY 24, 1992
UP NH: 53 DWN MH: 52 STREET NAME: 6TH STREET
PIPE DATA
LENGTH: 375' NOMINAL DIA: 8" ACTUAL DIA: UP MH 7.3f 4 DWN MFf 7 L
1I}I DEPTH: UP MH 4'-11". DWN MH 4'-10" JOINT LENGTH: 3' MATERIAL: VC
PIPE FLOW: ~8
DISTANCE DESCRIPTION REMARKS
REVERSE SET UP - MH 52 - 53
3 SAND
5 SAND
10 SERVICE CONNECTION AT 9 O'CLOCK
12 SAND
25 CRACKED JOINT
25 SAND
79 SERVICE CONNECTION AT 9 O'CLOCK
95 - SERVICE CONNECTION AT 3 O'CLOCK
101 CRACKED JOINT
119 STRUCTURAL CRACK
138 SERVICE CONNECTION AT 2 O'CLOCK
151 SERVICE CONNECTION AT 2 O'CLOCK
173 CRACKED JOINT
191 (APPROK) SERVICE CONNECTION AT 2 O'CLOCK, HAMMER TAP -
CAMERA CANNOT PASS
ENVIROO SERVICES, INC.
ATLANTIC BEACN, FLORIDA
T.V. INSPECTION LOC
DATE: FEBRUARY 24. 1992
UP MH: 53 DWN HN: 52 STREET NAME: 6TH STREET
PIPE DATA
LENGTH: 375' NOMINAL DIA: 8" ACTUAL DIA: UP NH 7 _~4 D1iN FIII 7 314
MH DEPTH: UP IIEi 4'-11' OWN MH 4._10" JOINT LENGTH: 3'_ MATERIAL: CLAY
PIPE FLOH: 118
r .
dr,-
t:
~_:
F
DISTANCE
27
68
73
100
109
115
126
132
163
176
183 (APPRO%)
DESCRIPTION REMARKS
OFFSET JOINT
SERVICE CONNECTION AT 10 O'CLOCK
SERVICE CONNECTION AT 3 O'CLOCK
PIPE CHANGE TO PVC
OPEN JOINT, PIPE CHANGE TO CLAY PIPE
OFPSET JOINT
SERVICE CONNECTION AT 9 O'CLOCK
CRACKED, LEAAING JOINT
OPEN JOINT
SERVICE CONNECTION AT 2 O'CLOCK
SERVICE CONNECTION AT 11 O'CLOCK, HAMMER TAP (3 1/2")
CAMERA CANNOT PASS
_ n...>
ENVIROQ SERVICES, INC.
ATLANTIC BEACH, FLORIDA
T.V. INSPECTION LOG
DATE: FEBRUARY 24. 1992
UP MH: 52 DWN MH: 51 STREET NAME: 6TN STREET
PIPE DATA
LENGTH: 350' NOMINAL DIA: 8" ACTUAL DIA: UP MH 7~4 DWN MIi 7 3/_4
MH DEPTH: UP MH 4'-30" DWN MH 4'-11" JOINT LENGTH: 3.'. MATERIAL: VC
PIPE FLOW: 1 8
DISTANCE DESCRIPTION RENARRS
1 PVC PIPE
10 OFFSET JOINT, PIPE CHANGE TO PVC
27 OPEN JOINT
39 SERVICE CONNECTION AT 9 O'CLOCK
36 PIPE CHANCE TO CLAY PIPE
52 SERVICE CONNECTION AT 3 O'CLOCK
63 SERVICE CONNECTION AT 9 O'CLOCK
96 CRACKED, LEAKING JOINT
106 SERVICE CONNECTION AT 9 O'CLOCK
145 SERVICE CONNECTION AT 3 O'CLOCK
167 STRUCTURAL CRACK
180 SERVICE CONNECTION AT 9 O'CLOCK
192 CRACKED, LEAKING JOINT
207 SERVICE CONNECTION AT 3 O'CLOCK
209 SERVICE CONNECTION AT 9 O'CLOCK, LEAKING
232 CRACKED JOINT
272 CRACKED JOINT
277 CRACKED JOINT
285 SERVICE CONNECTION AT 2 O'CLOCK
296 OPEN, OPFSET JOINT, PIPE CHANGE TO PVC
297 SERVICE CONNECTION AT 9 O'CLOCK
303 PIPE CHANGE TO CLAY
350 END OP LINE
ENVIROQ SERVICES, INC.
ATLANTIC BEACH, FLORIDA
T.V. INSPECTION LOG
DATE: FEBROARY 25. 1992
UP MH: 51 DWN MH: 50 STREET NAME: 6TH STREET
PIPE DATA
LENGTH: 381' NOMINAL DIA: 8" ACTUAL DIA: UP HH 7_J 4 DWN MH 7_3f4
MH UEPTH: UP MH 4'-11" DWN MII 5'-4" JOINT LENGTH: 3' MATERIAL: VC
PIPE FLOW: 118
DISTANCE _ DESCRIPTION REMARKS
24 SERVICE CONNECTION AT 2 O'CLOCK, CRACKED AND LEAKING
62 SERVICE CONNECTION AT 9 O'CLOCK
76 CRACKED JOINT
81 PIPE CHANGE TO PVC
82 SERVICE CONNECTION AT 9 O'CLOCK
159 SERVICE CONNECTION AT 2 O'CLOCK, LEAKING
180 SERVICE CONNECTION AT 10 O'CLOCR, HAMMER TAP, LEAKING
314 SERVICE CONNECTION AT 2 O'CLOCK
381 DROP SERVICE
382 CLAY PIPE
381 END OP LINE
NOTE: FOOTAGE COUNTER OFP
~'. _
ENVIROQ SERVICES, INC.
ATLANTIC BEACH, FLORIDA
T.V. INSPECTION LOG
DATE: FEBRUARY 25. 1992
UP NH: 50 DWN MH: 97 STREET NAME: 6TH_STREET
PIPE DATA
LENGTH: 213' NOMINAL DIA: 12" ACTUAL DIA: UP MH 11._3/4 DWN MR 11. 3f4
lIFI DEPTB: UP MR 8'-4°. DWN !S}i 7'_4" JOINT LENGTH: 3', MATERIAL: V_C
PIPE FLOW: 1L
DISTANCE
28
89
110
207
213
DESCRIPTION REMARAS
STROCTURAL CRACK
SERVICE CONNECTION AT 9 O'CLOCK
SERVICE CONNECTION AT 2 O'CLOCK
LEAAING JOINT
END OP LINE
ENVIROQ SERVICES, INC.
ATLANTIC BEACH, FLORIDA
T.V. INSPECTION LOG
i
DATE: FEBRUARY 25, 1992 :~
UP MH: 106 DWN MH: 96 STREET NAME: PALM _ST, '
PIPE DATA
LENGTH: 226' NOMINAL DIA: 12' ACTUAL DIA: UP NIi 11. 3j4 DWN MH 11__314 i
i
NH DEPTH: UP MH DWN MH JOINT LENGTH: 3' MATERIAL: VC
PIPE FLOW: 1L
DISTANCE _ DESCRIPTION REMARKS
1 PVC PIPE
5 OFFSET JOINT, PIPE CHANGE TO CLAY
~5 STRUCTURAL CRACK
97 SERVICE CONNECTION AT 9 O'CLOCK
152 SERVICE CONNECTION AT 9 O'CLOCK, LEAKING
155 SERVICE CONNECTION AT 2 O'CLOCK, LEAKING
226 END OF LINE
NOTE: WRONG STREET LISTED ON DATA VIEW - SHOULD BE PALM ST. INSTEAD OP
6TH ST.
ENVIROQ SERVICES, INC.
ATLANTIC BEACH, FLORIDA
T.V. INSPECTION LOG
DATE: FEBRUARY 25 1992
UP MH: 96 DWN NH: 97 STREET NAME: PALH_STREET
PIPE DATA
LENGTH: 214' NOMINAL DIA: 12" ACTUAL DIA: UP HH 11.3/4 DWN MH 11_3f4
MH DEPTH: UP HH DWN MH JOINT LENGTH: 3' MATERIAL: VC
PIPE FLOW: 1 8
DISTANCE DESCRIPTION REMARKS
91 SERVICE CONNECTION AT 3 O'CLOCK
94 DIP - CAMERA DNDER WATER
168 END DIP
214 END OF LINE
ENVIROQ SERVICES, INC.
ATLANTIC BEACH, FLORIDA
T.V. INSPECTION LOG
DATE: FEBRUARY 251_1992
UP MH: E DWN MH: D STREET NAME: RUSSELL_PARK
PIPE DATA
LENGTH: 174' NOMINAL DIA: 8" ACTUAL DIA: UP MH 7_3(4 DWN MH 7_3j 4.
M}I DEPTH: UP MH 2' DWN M}I 2'-1" JOINT LENGTH: 3' MATERIAL: PVC
PLPE FLOM: 1 8
DISTANCE DESCRIPTION REMARRS
NOTE: CHECK MANHOLE - ON TAPE
174 END OP LINE
>.5..-
ENVIROQ SERVICES, INC.
ATLANTIC BEACN, FLORIDA
T.V. INSPECTION LOG
DATE: PEBRUARY 25. 1992
UP MH: D DWN MH: C STREET NAME: RUSSELL PART(
PIPE DATA
LENGTH: 51' NOMINAL DIA: 8" ACTUAL DIA: UP MH 7. 3(9 DWN Ifll 7_3L4
MH DEPTA: UP MH DWN MH JOINT LENGTH: 20' MATERIAL: PVC
PIPE FLOW: 118
DISTANCE ~ DESCRIPTION REMARKS
NOTE: CHECA MANHOLE - ON TAPE
15 SERVICE CONNECTION AT 3 O'CLOCK, HAMMER TAP, LEAKING
51 END OF LINE
ENVIROQ SERVICES, INC.
ATLANTIC BEACN, FLORIDA
T.V. INSPECTION LOG
DATE: FEBRUARY_25~_1932
UP HH: C DWN MH: B STREET NAME: RUSSEL_L_.PARK
PIPE_DATA
LENGTH: 315' NOMINAL DIA: 8" ACTUAL DIA: UP MN 7 314 DWN lIFS 7.3(4
MN DEPTA: UP MH DWN 1III JOINT LENGTH: 20' MATERIAL: PVC
PIPE FLOW: 118
DISTANCE ~ DESCRIPTION RENARAS
NOTE: CHECK MANHOLE - ON TAPE
25 SERVICE CONNECTION AT 9 O'CLOCK, HAMMER TAP
CRACKED AND LEAKING
113 SERVICE CONNECTION AT 3 O'CLOCK, LEAKING
Z9g OFFSET JOINT
315 EHD OF LINE
r
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~-
F
k"
ENVIROQ SERVICES, INC.
ATLANTIC BEACH, FLORIDA
T.V. INSPECTION LOG
DATE: FEBRUARY 25, 1992
UP HH: B DWN MH: A STREET NAME: RUSSELL PARR
PIPE DATA
LENGTH. 171'_ NOMINAL DIA: B" ACTUAL DIA: UP HH 7_3f4 DNN HH 7 3/4
HH DEPTH: UP 1lEI DWN MH 8' JOINT LENGTH: 20' MATERIAL: PVC
PIPE FLOW: 1 8
DISTANCE DESCRIPTION REHARNS
NOTE: CHECK HANHOLE - ON TAPE
7 RUBBER BAD
171 END OF LINE
~°
ENVIROQ SERVICES, INC.
ATLANTIC BEACH, FLORIDA
T.V. INSPECTION LOG
DATE: FEBRUARY 21 1992
UP MH: A DWN MH: 106 STREET NAME: RUSSELL _P_ARK
PIPE_DATA
LENGTH: 156' NOMINAL DIA: 8" ACTUAL DIA: UP HH 7_3/4 DWN HH 7_3/9
HII DEPTH: UP HH S' DWN HH JOINT LENGTH: 20'. MATERIAL: CLAY
PIPE FLOW: IL8
DISTANCE ~ DESCRIPTION REMARKS
q3 LEAKING JOINT
60 LEAKING JOINT
gl LEAKING JOINT
119 LEAKING JOINT
136 LEAKING JOINT
147 LEAKING JOINT
156 END OF LINE
DARE 03;02/91
IOB INIIE~ AILAIIIIC BEACH
106 RMBE0.~ 2029
----~--~ ----~-~--~-~----~--~----------;OIA„LEA6IH;-----F IELO REPOR11116 ;
9Rq.R
; DANNOLE ;in. ;R. ; IV SUR'JEY/LLEAI:
; WJfAEP,6 LOCATION ;SLS ;!YDE; FEET ; DALE
;A - IC6 ;RlS5EL1 PAAI: 6 ; ISb ;L 1St ;02.25.52 '
--_--~~
;B - A ;RUSSELL PARE 6 ; I71 ;L Ill 102.2->.S2 '
;-- -,- _,
[ - B ;AU>SELL PARK B ; 315 ;L ; 315 ;02_25.52 ;
,D C ;RBSSiII DAP.K ; 6 ; ;1 ;L 51 ;OL25.Y2 ;
-_--__~
;E - D ;RUSSELL PAP,1. ; e ; V/ ;L ; 171 ;02.15.92 ;
, ~ , ,
' ,
;96 - 07 ;PAEn S1. i2 , 11J ;L ; 211 ;02.25.52 ;
;105 - 46 ;~i.LN 51. ; 12 ; 22b ;L 126 ;02.25.51 ;
;i0 - 57 ;EI!I ;I ; 12 ; 213 ;l 213 ;02.25.41 I
_ -_-__,
i_--_--__--__.-____ i___-_-~_-_.~-_._--~._-_
;51 - 50 ;oIH S1 ; B ; 361 ;L ; 381 ;0225.52 ;
_-_--i_-_~____~__-,_--_- -__---_
I-.-.._----_.-...--__-_--._-__
;52 - SI ;ElH Sl. ~ 8 ; 350 ;L 350 ;02_2152 1
;53 - S ;EiH i! ; B ; 375 $ ; 373 ;022l.S1 '
16.6
y' 1
rr 1
G.
~~.
1.
2.
3.
4.
5.
6.
7.
Size of Leak
Steady Drip
1/8• Flor
1/4• Flor
3/8• Flov
1/2• Flor
3/4• Flor
1• Flor
SANITARY SE4ER
LEAK ESTIMATES
Gal/Day
50
410
1,040
3,680
6, 566
14, 443
26, 236
PRIORITY LIST
t>
is
c"
~:.
~.-..
REPAIRS
~(1) J-2
(2) I-3
(3) D-2
* (4> F-1
(Si E-2/2-A
(6) C-4
(7) A-1
(3) C-3
(9) B-4
(10) A-2
(lll B-1
(12) B-3
(13) I-2
(14) H-2
<15) C-1
(16> G-1
(17) H-1
(18) I-1
(19) J-1
Total Eatimatetl Cost
ESTIMATED COST
53,500.00
2,210.00
1, 260.00
22,000.00
1, 760.00
1, 760.00
2, 960.00
1, 760.00
1,760.00
1, 760.00
1,190.00
1, 190.00
1, 510.00
1, 510.00
1,760.00
250.00
250.00
250.00
250.00
547,890.00
ROTE= Start at J-2 and work dorn List.
~.- - ._ .
Continued
2. Recommend Point Repair Station 015. Service
Connection, Hemmer Tep, Leaking 410 GPD.
(I) Manhole 'C• to Manhole "B". Manhole in Russell Park
going South under tennis courts.
1. Recommend invert work, seal with non-shrink
concrete. Grout. rhere pipe enters Nanhole 'C• and
leaves Manhole 'C•.
2. Recommend Point Repair at Service Connection at
Station 0.25. Hammer Tap cracked and leaking 410
GPD.
3. Recommend Point Repair on service at Station 1.13.
Not leaking at fitting at main line, but very heavy
continuous flor of clear rater coming through this
service. Appears to be a very long run of service
pipe and leak could De anyrhere 1n run. Estimated
leakage 26,236 GPD.
(S) Nanhole •B• tc Nanhole •A• going East through Russell
Park.
1. Recommend invert cork at Nanhole '8•. Seal rith
non-shrink grout rhere pipe enters and leaves
Manhole •B'.
2. ]uet out of Manhole •B• at Station 0.07 rubber has
rolled at joint. Also at this point this B• PVC
line goes through an existing storm drain structure
rhich is a violeticn. The existing storm drainage
lines appear to be either 38• or 42• RLP. Recommend
that this section of line from Nanhole •B" to other
aide of existing drainage structure be replaced
immediately rith D.I.P. rith no joint inside of
drainage structure. Rest of Line in good shape.
Depth (6'-B').
lK) Manhole •A• to Manhole 106 at Russell Park going Eeat.
6 joints ehor that they have Deen leaking due to stains
et joint. No leaking vas observed during taping and for
this reason requfras no immediate action. In future, if
eontlitione rare to rorsen, this run could be lined.
156' of 8'. No Services. Depth f6'-B').
Continued
3. Recommend Point Repair at Station 1.59 Leaking 1,040
GPD.
4. Recommend Point Repair at Station 1+80 Leaking 3,680
GPD.
(D) Nanhole 50 to Manhole 97 on 6th. Street going West from
Sherry Street Nanhole 97 just out o£ Lift Station •A•.
Average depth (7. 0' to B. 5').
1. Recommend Point Repair at Station 0.28 Not Leaking.
2. Recommend Point Repair at Station 2+07 Leaking 6,566
GPD.
(E) Manhole 106 to Nanhole 96 an Palm Street going east tram
Seminole Road to Novell Park. Depth (6' to 8')
1. Recommend Point Repair at Station 0.45 Not Leaking.
2. Recommend Point Repair at Station 1+52 Leaking 1,040
GPD.
2A. Recommend Point Repair at Station 1+55 Leaking 3~ 680
GPD. 4,720
GPD TOTAL
(F) Manhole 96 to Manhole 97 from Palm Street going Eaet
through Horell Park under creek to Manhole 97 just out
of Lift Station •A• Depth (8' to 10')
1. Bad dip in line £rom Station 0+94 to Station 1.68.
Recommend replacement o£ 100' o£ 12• from Station
0+80 to Station 1+80. This line rune under Creek.
(G) Manhole •E• to Manhole •D• Nanhole at City Nall goes
rest under parking area into Russell Park.
1. Recommend invert rork, seal rith non-shrink concrete
Grout where pipe enters b leaves Manhole •E•.
(N) Manhole D to Manhole C. Manhole in Russell Park going
rest.
1. Recommend invert rork, seal rith non-shrink
concrete.
Grout where pipe enters Manhole •D• and leaves
Nanhole •D •.
REPORT ON CONDITION OF EXISTING SANITARY SEVER LINES
FROM EAST COAST DRIVE ALONG 6TH STREET, TO LIFT STATION •A•
PEST OF SHERRY STREET, THEN TO RUSSELL PARK AND SEMINOLE ROAD
Submitted by: Ernie Reedle/Assistant Public Norks Director
Date: March 17, 1992
(A) ttenhole 53 to Manhole 52 on 6th street going vest to
Sherry street. Average depth of line (4.5 to 5. 0)
1. Recommend Point Repair from Station 1+26 to 1.39 to
atop 1,090 GPD leek coming through service line into
main line- Also at Station 1+36 there Se a cracked
and leaking joint, which is leaking 410 GPD.
2. Recommend Point Repair at Station 1+83 to take out
protruding hammer tap. Ground 1s eettling in this
area.
3. Reverse set-up Manhole 52 to Manhole 53. Recommend
Point Repair at Station 1.01 to 1.19 <1-83• Hemmer
Tep) cracked joint end structural cracks. (Not
leaking yet).
4. Recommend Point Repair at Stetimn 1.73 cracked joint
(Not leaking yet).
(B) Manhole 52 to Manhole 51 an 6th Street going rest to
Sherry Street. Average deptl, of line (4.5 to 5. 0)
1. Recommend Point Repair at Station 0+96 Leaking 410
GPD.
2. Recommend Point Repair at Station 1.67 Not Leaking.
3. Recommend Point Repair at Station 1.92 Leaking 410
GPD.
4. Recommend Point Repair at Station 2.09 Service
Connection 1,040 GPD.
5. Recommend Point Repair at Station 2+32 Not Leaking.
6. Recommend Paint Repair at Station 2.72 Not Leaking.
7. Recommend Point Repair at Station 2.77 Not Leaking.
(C) Manhole 51 to Manhole 50 on 6th. Street going Mest to
Sherry Street. Average depth <9. 5' to 5. 5').
i. Recommend Point Repair at Station 0+29 Leaking 50
GPD.
i
2. Recommend Foint Repair at Station 0.76 Not Leaking.
~(i:
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T
REPORT ON CONDITIONS OF EXISTING SANITARY SEVER LINES
FROM EAST COAST DRIVE ALONG SIXTN STREET, TO LIFT STATION •A•
PEST OF SHERRY DRIVE, THEN TO RUSSELL PARK AND SEMINOLE ROAD
~~
a~~. _ _. _. t. _,.-
CITY OP ATLANTIC BPACH
CITY W!Q(ISSION MEETING
STAFF REPORT
AGENDA ITEM: POINT REPAIRS AND NA:7HOLE REHABILITATION OF SEVER LINES
'
,
AND MANHOLES IN RUSSELL AND HOWELL PARKS
i
SUHMTI'ED BY: i
Robert S. Kosay/Director of Public Works~5~ i
i
DATE: ifarch 25, 1992
BACKGBODIID: Due co heavy rain in the late Summer and Fall of 1991, ~'
Lift Station "A" (located in Novell Park off of 6th S[.)
flooded out causing several manholes [o overflow sewage. ,
Staff suspected certain locations of being the cause of ~
i
this inflow problem. I
t
i
.Recent cleaning, televising and inspection of these areas
shoe the following discrepancies:
Four manholes in P.ussell Park have no inverts and are
not sealed ac [he point where sever pipes enter and leave
the manholes. The one conf lift manhole in Russell Park
has PVC pipe instead of ductile iron and is not sealed
"
where [he pipe enters and leaves the manhole. *The 12
I
main line through Nowell Park has an extremely bad dip
under She-man Creek. There are hammer taps, longitudinal
and radical cracks, and leaking services.
I
While all listed point repairs are needed and should be done
for economy of scale, the repairs needed co [he manholes in ~
Russell Park, particularly the conflict manhole, are of an ~
emergency nature.
*TV tapes 6 years ago showed only % of pipe no[ submerged.
TV work done on Harch 2, 1992 shoved completely submerged
pipe.
RECONNENDATION: Do Point Repairs as described in attached map and list.
Bfd as soon as possible.
ATiACH1gN'I'S: Area map of potential probl po [. Breakdown of priority
listing l~~-~^ ~~
REVIEWED BY CITY lIANAGER: / l
AGENDA ITET1 NO.
`r
CITY OF
r4~la«tic S"cacls - ~lo7isla
April 1, 1992
M E M O R A N D U M
uoo sAAVnFFa swn~
ATLAM1'nC BFACi1, Figanq 132LYltw
TFIFPHONE 111M1 ZRSiN
FAX flNl 2at5lll
TO: Ki^ D. Leinbach/City Manager
Darlene Matthere/Fiscal Assistant
FROMS Robert S. Kosoy/Director of Public Yorke ~~7~•
RE: BUDGET TRANSFER FOR POINT REPAIR AND MANHOLE REHAB
(STAFF REPORT 3/25/92)
The subject cork would require a budget transfer frow the
Serer Construction Plant Fund, Fund 41, Aceount 596. Equal
awounte could De transferred frow each of the six itews.
RSK/tb
cc: File - AB SEVER DIST
ORGAN22ATION: CITY OF ATLANTIC BEACH
PROJECT NAMB: ,pQyNgg SDHDIVISION REHABILITATION
III. S ~P •m~NTARY rmpOap •
I. Project generated Sncome (Please show source, amount, and
baele of eatisate.
2: Matching Funds (Please show source, amount, and bnsis of
estimate.)
3. In Rind Contributions.
Nuisance mi[Sga[fon. ditch cleaning and atormra[er improvements
using City Personnel estimated at 640 man hours at SB.7$ ~ 55,600
in klud contribution by the City of Atlanbic Beach.
Page 5. of ¢.
4.
r.
&`
~:.
CORRECTION
THIS DOCUMENT
HAS BEEN
REMICROFILMED
TO ASSURE LEGIBILITY
....
it--~i
ii ii
\L__JI
~~~~°
'^~~Y W^Nw~
a ~.> '~
ORGANIZATION: f.ITY OF ATLANTIC BEACH
PROJECT NAME: DONNER SItgDIVISION REHABILITATION
III. S mP c'~"'TARY cttmnriort -
l. PrO~ect generated income (please show source, amount, and
belie of eatisete.
2: Matching Fllnda (Please show source, amount, end basis of
estimate.)
3. In Kfnd Contributions.
Nuisance mitigation, dicch cleaning and sformvater improvements
using City Personnel estimated at 640 nan hours at SH.75 - 55,600
in kind contribution by the City of Atlanelc Heach.
Page ¢ of ¢.
ORGANIZATION:
PROJECT NA!ffi:
Line Item ~ rnm r nA w h~ n A In Find
Description ~~,
Line Item HUD Funds Met hinq Funds Zn Kind
Description ,
LSne Ite6 HUD Funds Matching Funds In-KSnd
Description '
Page ¢ Of ¢
FawFx~r FU1Fffi:
Lira Ites RUD Funds Metchira FVnda In-Rind
Description
Lira Ita~ fiUD Flinch Matchira Funds In-KSnd_
Description r ,
Lira items HUD Funds Netchira Funds In-Kind
Description
. Page ~ Of ¢
0RGANIZ7ITION: CITY OF ATLANTIC BEACN
pROJgCT pig; DONNER SUBDIVISION REHABILITATION
Line Itd III 3 In Rind Services - HIID Fatale Metchira Funda In-Kind
Deacription~ '
Nuisance Abatement
(Weed d Debris removal)
3 men at 18.75 x 4 hours x 20 days S 2,100.00
Dicth cleaning/atormwater Smprove-
ments S 3,500.00
4 men at ;8.75 x 4 hours x 25 days
Page 4 of ¢
r.
Y
[.
E
.. ._- __
ORGANIZATION: City of Atlantic Beach
PROTaCT NAME: Donner Subdivision Revitalization
Lino Item II s x i R h bili i to s tii g Fonda In-Kind
Description ,
Rehabilitate 4~hames of elderly/handi-
capped, providing minimw weatherproof-
ing, safe electrical wiring and ade-
quate plumbing. 4 houses at estimated
515.000 per home ~ 360,000.00
TOTALS ;60,000.00
Line Item II.56 Additional RehabilitatfoYfJD Funds Matching Funds In-Kind
Description
Rehab 2 to 3 homes of low income non-
elderly/handicapped, providing minimum
weatherproofing, electrical and plwb-
ing standards. Non Profit Donner Sub-
division Community Development Corpora-
tion - 3 homes at approximately ;9,300 ;28,000.00
r ins Item II 5 P k I' verve t HUD FLLnAe Matchino Fonda In Kind
Description
Conatruc[ ree[room facilities, Snetall
playground equipment, basketball tour[
and parking facil idea in Jordan Park
(only part 'in neighborhood) -
Restroom facilities at approximately 310,000.00
Basketball court and ; 3,000.00
Playg[ound equipment .. ~ S 2,000.00
~. ~ TOTAL ;IS 000.00
Page ~ of ¢
ORGANZZJITION: City of AMan[ic Beach
PROJECT N11M8: Donner Rehabilitation
Line Item I.1. iiaeea a ..,t
Description . i es+ fl~~-- n n
Co®unlty Development Direc[or
24 hours/month at~;15.14/hour ;6,360.00
Ieine Item L2. Frinxe Benefits m we .. 6i ~- In Kind
Description -..
Fringe Benefits
;4,360 x .40 ;1,744.00
T92ALS SL 744.00
Line Item 7. a_ rnn...l . F ~+~a Mat ling F~ ae In-Kind
Descriptitm
Consultant for eon[ract preparations
reports.
;IS/hour e[ approx. 81 hours ;6,075.00
' TOT11I8
Page ~ of Sl
~ yM.tr. - _
PROGRAM PROPOSAL BUDGET
SUMM ARY SNEET
ORGANIZATION: CITY OF ATLANTIC BEACH
PROJECT NAME: DONNER SUBDIVISION REHAB ILITATION
I. Adm inistrative Coate -.
1. Nagea 6 Salaries $ 4.360 .oo .
2. Fringe Bene£Ste 1.744 .00
Total Personnel $ 6.104 DO
Cost
3. Consultant/Contract S A.o75 .00
Services
• d. Travel S
5. insurance 8
6. Space Coate fi Rental 6
7. Utilltlee fi Telephone 8
8. Transportation S
9. Other Coate (attach
ezplanation) S
Total Non-personnel
Coat S 6,096 00
SUB-TOTAL $ 12.200 00
II. Activity Coate
^
1. Materials S
2. Supplies
3. Equipment Purchase8
d. Equipmani Rental
5. Other sa + 56 + Sc - 103,000,00
Description "
gUg_~pAI, S 103,000 00
Program Panda
~pli~ gpr g 115,200 00
III. Stu }y lesantarv c.:~rt
1. Program Generated income S
2. Metchl7R~ Funds
3. In-kind Contributions 5.600 .00
4. Audit
SVB-TOTAL $
" V ~ TOTAL PROGRAM 5120,800 QO
. - COST
Page 1 0£ ¢
i
CITY OF JACKSONVILLE
Depas'tfent O! Noosing end Vrban Developeant
COl4WNITY DSVBLOPlR~NT BLOCK GR/WT
1
;_ ,- _
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 17th Year COBG Contract with Jacksonville
SUBMITTED BY: George Worley, City Planner ~'(a~
DATE: April 73, 1992
BACKGROUND:
The City of Jacksonville, Mayors Budget Review Committee is
scheduled April 13th, to review and approve the amount of
:115,200 for the Community Development Block Grant, 17th year
contract for Lhe City of Atlantic Beach. This amount represents
an increase over last years 5100,800. This money must be spent
in the much the same manner as in past years - in Donner
Subdivision and primarily for home rehabilitations but this year
a portion has been set asitle to be spent on younger home owners
who fit the income category. The Donner Subdivision Community
Development Corporation will assits us in determining eligible
home owners.
The Contract for this year is somewhat late because of
auditing antl budget work at Lhe HUD offices. The neXt step
in the process is for Lhe City of Atlantic Beach Commission to
authorize Lhe Mayor to sign the contract. Once that is done we
will immediately begin the bid process for the next group of
houses identified for rehabilitation work.
RECOMMENDATION:
Staff recommends that the City Commission authorize the
Mayor to sign Lhe contract with the City of Jacksonville for the
Community Development Block Grant program in Donner Subdivision.
ATTACHMENTS:
Proposed Contract
REVIEWED BY CITY MANAGER
AGENDA ITEM NO.
1
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CITY MANAGER
CITY OF ATLANTIC @EACH
WARRANTY
FROM: DAWSON LAND DEVELOPMENT COMPANY
p,0, BOX 707
ATLANTIC BEACHr FL 32233
JOB: OCEAN GROVE SEWER
INSTALLATION COMPLETED: 10/09/@6
LENGTH OF WARRANTYt (I) YEAR (10/09/87)
/A.. , .
_~~~~1~
(William B. Dawson, IV. Pras.)
CITY OF
Salle $uuk - ~(aalda
t~eocenseouLevAAn
P.O.80X Yb
ATLANIiC BEACH. FIAR9A J4Y9Y
TELEPHONE IaM1 T4FT9D5
April 30, 1987
Mr. S Mrs. Harry C. Aarnoe's
1752 Otean Grove Drive
Atlantic Heath, Plorida 32233
Re: UTILITY EXTENSIONS NORTH
OCEAN CROV6 DRIVE AND S¢VENTEENTH STREET
Dear Nr. S Mrs, Narnock:
This will acknowledge our meeting in the City offices on Thursday, April
30, 1987, when we discussed is detail the above subject.
During the discuaeions, I outliaad for you the maMer in which hydraulic
share vas developed for this pro3 act along with an ad3 scent one devel-
oped by Pete Mabiy. Ne discussed the method utilized to select the
number of units thei ve:e to participate in the hydraulfc share, which
nuabere iventy-four possible conneetfona from all o£ she properties on
both sidae of the street from Seminole Road east on Seventeenth Street
to Ocean Crowe Drive, and north on Ocean Crowe Drive to [he north line
cf lot 22 and 13. The coat Se 51,706.45 per unit, of which $262.95 Le
to be rebated to devalopez Mabrq as his ehere of the coat of lnstall£cg
and that balance eof rSl 443.00 to obe rrmittedt to tyou ttoo reimburse Ryouz
hydraulic share Forrom Seminole Road ease to Ocean Grove and
from Ocean Grove north to the north line of lots 13 and 22.
Normally, in order for the Citq _to accepe eheae linos for ownership and
1~1 ~Ceording vcor plans and lepecifita[Sonse eertiflceelon Sbys [he aCi[y
Director of Public bervieea chat the linen were iaepeet ed in accordance
with Citq requiramenrs; receipt of as-built pleas for the line from the
eaginaer, a one-year warranty from the utility contractor agreeing to
mafntnln the lines for one year from Che dace of acceptance, end a bill
of sale from the owner for the linen themselves. IC is my understanding
we have received all of these except the one-year warranty which I
underataod you have not been able to obtain from Dawsun Land Development
because of a dleagreement between him and your contractor, Pelke,
telatlve to certain charges for the repaving Of Seventeenth Street
zaqufred by the CSCy of .Iecksonv111e.
- continued -
Wa will aCtsmpt to work out [he warraney problem with Dawsvn and Pelke,
and in Cha neantima if yov v111 furnish me with a bill of eele, we will
praamt the document wa Mve [o the City Commiseivn aC their meeting on
Hey 11, 1957, and aek that the lines be nccepted.
S rely,
Richard C. Fallowe
City Henager
ACP22
ees Direeeoz of Publie Senleea
Cmatm+alty Developmtnt DSrettor
S
~..
s..
G;.::
~,
CITY OF
1~llawtie $taek - ~losidu
]160CEAN EOlI1.EVAM
P. O. BOx 96
ATLANTIC BEACA. PIAan1A JfR79
TELEPHONE 19MI 2~Pi9e6
Mr. 6 Mrs. Hazry C. Warnock June 8, 1987
161 Sixteenth Street
Atlantic Seach, Plozide 32233
Ae: Refundable Hydraulic Shares
Deer Mr. 6 Mrs. Nemock:
At your request you will find attached hereto a map outlining the areas
covered under the existing Utility Service Agreement and vhich, in turn,
pswidee for the payment of hydraulic shnree to you sad the Mabry
Conetruetion Company eo easiae you Sa defraying she costs of the voter
and never improvements installed by you.
We have estimated there aze twenty-four unite, including your own, which
could hook into and utilize the benef its of Che nyatem vhich qou in-
acalled. The hydraulic share per unit has been calculated to be
51,706.45, of vhich $1,663.53 i• to be remitted to you, and $262,93 eo
the Mabry Co¢stxuctfon Company for his share of the Smprovemene• in-
atelled betvean Sea Oate Drive and Seminole Aond.
In addiLlon to the twenty-four unica indicated oa the map, the City will
make eVei}' effort to collect a hydraulic share from the developers of
Lot 12 and Lot 23 lying north of your development, and the east half and
west half of Lot 8 end the east half and vest half of Lac 9 lying to the
east of your development, the tollactioa of vhich would result in the
•liminacion of a hydraulic share from one of tY,e unite whin the
colored-ia map presentation.
You are also advised [he City Commienion in regular session eaeembled
Nay 11, 1957, accepted your water and never improvements coat Sngent upon
receiving the necessary warranty from Dawson Land Company, which ve are
preaantly attempting to acquire.
Please lac me know if you require soy additional information.
n rely,
/'1
Richard C. Yellows
C i[y Manager
ce: Co®unity Development Director
Public Services Director
1L~9 FLORIDA COtiSTRECIIOV L{W ACU PA{m1CE
to award the contract, the bidder should immediately request a
written notice of award.
'A public entity may not, however, attempt to retreat once a
contract is awarded. In Duboise Const. Co. v. City a(Soutk Miami,
108 Fla. 362, 146 So. 833 (1933), it was too late for the town to
declare a Coul in bidding aRer it awarded the contract. The town
attempted to defend a breach of contract action by the successful
bidder who sued the fawn for abandoning the projeM after awarding
the contract. The cit,~s defense was to point out that the bidder
had not submitted the lowest bid. The court did not accept the
defense after finding that there had been substantial compliance
with the law and the public suRered no actual unfairness.
B. (§7.50] Time OC Contract Formation
~•A contract between the public entity and the successful bidder
is considered to exist at the time of a public entity's notice to the
successful contractor even if the public entity later fails to execute
a written contract. Schloesser u. Dill, 3B3 5o.2d 1129 (Fla. 3d DCA
1980). This rule prevents a public entity from merely changing its
mind and attempting to rescind its approval because of concerns
over whether the bidder is the lowest responsible bidder or whether
the invitation to bid contained~sutlicient specifications to allow a
fair comparison. Dedmond u. Escambia County, 244 So.2d 758 (Fla.
1st DCA 1971).
The potentially harsh result of Sch(cesser u. Dill, supra, would
not apply when the public entity clearly evidences an intent in the
request for proposal not to be bound to a contract until after
negotiations. Unless the clear intent is for the parties not to be
bound until after successful completion of a negotiated contract,
however, the formation of the contract will be simultaneous with
an effective notice of award. Housing Authority o(City ojFort Pierce
v. Foster, 237 So.2d 569 (Fla. 4th DCA 1970). The same rule applies
in private sector bidding. Citizens Bank of Perry u. Harlie Lynch
Construction Ca., 426 So.2d 52 (Fla. 1st DCA 1983).
Public entities should consider, therefore, whether any
condition may need to be fulfdled before the contraM is executed.
Those conditions and any negotiation an 5na1 terms and conditions
must be clearly enunciated in the bid documents. Equivocation by
the public entity over whether negotiation is contemplated will not
prevent contract formation at the time of notice of award. Housing
Authority of City o/'FoK Pierce v. Foster, supra.
7-32
E
Bas,Bm DISPUrr_4, Ada CONPEIirfYE NECOrtUl0\i t].~9
supra, the error was not made by an employee. The bidders own
miscalculation resulted in a 55,000 mistake. Allowing unilateral
errors to justify withdrawal of a bid in those circumstances would
be an incentive for inattention, and in the hands of a dishonest
bidder could be used to avoid competition.
In a casejustifying rescission of the bid, damages against the
bidder will not be assessed unless clearly established. State Board
o/'Control u. Clntter, saps.
C. [37.48] No Equitable Relief To Reform Bid
Although a bid error may justify rescission or withdrawal of
the bid in certain circumstances, reformation of the bid is never
appropriate. Department ojTransportalion u. Ronlee, Inc., 518 So.2d
1326 (Fla. 3d DCA 1988), reu. den. 528 So.2d 1183. In Ronlee, the
court refused to allow the bidder to modify the bid due to a $317,463
error in the computation of unit prices for concrete culverts.
Moreover, although the governmental agency was aware of the
error at the time it awarded the bid, the court held that the
department's failure to call the mistake to the bidders attention
did not constitute fraud or inequitable conduct since the bidder
noticed the error a short time afterwards.
XI. NOTICE OF AWARD AND RESCA'DING AWARD
A. (37.491 In General
Omasionally, after the public entity selects a successful bidder
or proposer, some change of mind will occur or the public body will
receive additional evidence that will rouse it to want to reverse its
decision. A public body strengthens its ability to rescind the approval
of an award Lry spe~cally stating in the purchasing rule, ordinance,
and bid donements a statement that the award is not final until a
notice of award is mailed to the suaessful bidder or proposer.
Sekloesser u. Dill, 383 So.2d 1129 (Fla. 3d DCA 1980).
Correspondingly, bidders should be cautious in relying on
ot5cial action by a public entity. A public entity's vote to rescind
an award is generally proper. Provided the bidder does not receive
formal notice theC the bid has been accepted, a change of mind by
the public entity in the same session is proper. Berry u. Okafoosa
County, 334 So.2d 349 (Fla. 1st DCA 1976). if the bidder is in the
audience at a public meeting end hears the governing body vote
7-31
~,-.
BmS. Bal aiSFLTES,A\a C0>1PEFRNE \i.GOTLV105S fT]l
2. Financial ability
3. Honesty
4. Skill
5. Business judgment
6. Capability
7. Previous conduct
8. Quality of previous work
9. Current work load
10. hfaintenance costs.
Eggart u. Westmark, 45 So.2d 505 (Fla. 1950); Cnlpepper v. Madre,
40 So.2d 366 (Fla. 1949); IVillis u. Kathau;ay, 95 Fla. 608, 117 So.
89 (1928); Coach Construction Co. u. Department o(Trartsportation,
361 So.2d 184 (Fla. Ist DCA 1978).
Bidders anticipating an arbitrary decision by a local public
board may benefit from having a wort reporter at the meeting to
rewrd the diswssion. I(the board's discussion and the reasons for
selecting a particular bidder range far afield from those related to
responsiveness, areviewing wort may discredit a wnclusion not
based on "material Cads reasonably tending to support" the award.
City o(Pensacola u. Kirby, 47 So.2d 533 (Fla. 1950).
An agency's failure [o institute disqualification proceedings
against a bidder does not proteR the bidder or relieve the agency
from determining responsiveness. Facts that might lead to
disqualification but that have not yet been acted upon by the
agency still remain viable issues under the responsiveness criteria.
Couch Construction Co. v. Department o(Transportation, supra.
C. [47.37] Time Of Determining Responsiveness
Nonresponsiveness at either the time of the intended derision
or the protest hearing is sufficient for rejection. Baxter's Asphalt
& Concrete, Inc. u. Department of Transportation, 475 So.2d 1284
(Fla. 1st DCA 1985). Time only erodes the position of a rejected
bidder. Apparently, if the bidder is, in fact, responsive a[ the time
of the intended decision but bewmes nonresponsive by the time of
hearing, the agency is still permitted to reject the bidder. On the
chance that an agency has erroneously rejected a bidder, that
bidder should take steps to maintain qualifications and
7-23
f>..u rtoamw co.sracrnou uw.t~o ranrnce
a bidder. When a bureau chief, for example, told a prospective
bidder to submit a bid despite the bidders lack of a necessary
license from the Florida Construction Industry Licensing Board,
the public entity was still permitted to reject the bid for
noncompliance with the licensing statute. Creenhut Construction
Co. u. Henry A. Knott, Inc, 247 So.2d 517 (Fla. 1st DCA 1971).
G. (§7.34J Contlid Of Interest And Public Entity Crimes
Bidders must be sensitive to possible conflicts of interest not
only within their own firm but also with subcontractors. Bidders
should be familiar with F.S. Chapter 112 and its restrictions on
the business activities of public oRcials and employees. [n addition,
in 1989 the legislature enacted F.S. 287.132 and 287.133, relating
to public entity crimes, with which bidders must comply. This law
prohibits those convicted of certain crimes (set out specifically in
F.S. 287.133) Crom bidding and requires affidavits az a prerequisite
to entering into the public contract. Under Chapter 90-33, Laws
of Florida, atLdavits must be filed on an annual basis.
VIII. RECEIPT; EVALLTATION, AND AWARD OF BIDS
A [§7.351 Discretion In Awarding Contracts
~~AA three-part formulation of the discretion vested in
governmental bodies can be developed from Culpepper o. Afoore,
40 So.2d 366 (Fla. 1949), and Liberty County u. Bazter's Asphalt &
Concrete, Inc., 421 So.2d 505 (Fla. 1982).
- ~~First, actions must be taken in good faith and vrithout fraud.
Second, public bodies possess wide discretion in determining the
best bid. Third, honest discretion rill not be reversed even if it
appears erroneous, and reasonable people disagree.
B. [§7.36] Definition Of 3esponsiceness
~'~Any Castor reasonably related to the scope of work and its
successful performance is legitimate in determining bid
responsiveness. The public entity is allowed considerable discretion
in its interpretation of the term "responsive bid." Courts recognize
the following az only some of the permissible considerations for
responsiveness:
1. Time of performance
7-22
FLORIDA CONSTRUCTION
LAW AND PRACTICE
SECOND EDITION
I j~
.•
1:r~ii•iritiY.
OF
~~4si 2 ~; 1991
DUV:1L COUNTY,
LAW LIBR4RY
7HE FLORIDA BAR
CONTINUING LEGAL EDUCATION
~:
~:i.;.
NOTICE
OF
ILLEGIBILITY
ILLEGIBILITY OF SOME OF
THESE DOCUMENTS IS DUE
TO THE POOR QUALITY OF
THE ORIGINAL. THE FAULT
DOES NOT LIE WITH THE
CAMERA OR ITS OPERATOR.
....
it--~-
~i~i~
~L__J%
~~~~
rr Maawa.~.
s
•UGVSi "~9Y
CORRECTION
THIS DOCUMENT
HAS BEEN
REMICROFILMED
TO ASSURE LEGIBILITY
.~";.
ii ii
~~ii~
~: w~,
bij:. .. .. .. _. .. _. .._.._~ ~<J .a
FLORIDA CONSTRUCTION
LAW AND PRACTICE
SECOND EDITION
Y_i.::il titYY.
OF
~~~~~ !? ~; 1991
DU~'~- COUNTY,
LAW LIBIL4RY
THE FLORIDA BAR
CONTINUING LEGAL EDUCATION
E. __~_.
City of Atlantic Bmeh -Plorida
Atlantic Bmeh, Plorida Pege 2 of 2
renponaivenem oC the 6ida received fpeBe 7-22 and ?-231. Them considerations are
slenet identiesl to them contained in the Code of Ordinance section 2-355 which was the
basis of the roview of the qualificetions oC the bidders by the City staff.
It ie Devious free the statement by your Public Servicm director, Bob [osy, that the
evaluation of the 6iddaro quelificetionn rm Daeed on objective criteria stated in the
City ordnmce cede end incorporated in the bid documents.
Raferrin6 again to O1 ^-"" ^^"~`'^^"'" `'r end Practice. Nr. Bakm states that once e
public badY votes to sward a oontreet end that a written notice oC award is received Dy
the oontrector, than that award may not 6e rescinded (page 7-3'I end 7-321. He further
ststas (pegs 7-3'U Chet a contract between the puDlie entity end the sutt`amful bidder
is oonaiderod to exist st the time of a puDlie entity's notice to the sutt~emful
contractor.
Ya consider the action of the City Cpmnimion of the City of Atlantic Bench to award ue
the oontroct for the above referenced project to De lawful end proper. Broad on the
mitten Notjce of (ward, we have ezecutM the Contract Agraenent and euhmitted the
required bonds and cartifimte of insurance. Na request that the City a=acute the
Contrset Agreement sad imua a Notice to Proceed in n timely fashion.
Ne anclom s copy of the sppliceDle portions of the referenced text end the rnpim of the
relevant sppellete court decisions cited in the text.
Be believe that we are the beat quslified contractor to do this project and wa know that
wa rill do quality work to the mtiafsetion of the City.
Sincerely yours,
MR-DORS CONSTRUCYION COMPANY, INC.
Q a..c.~/ W. ~LrlMp Sly
Jedc N. Mendota, III
Yice President
iNIQII/ jms
6nclosuro
x Nr. A1Mrew R. MeY. P.B.
Project Manager, Gee 6 Jenson [ngineers
~.:
E..
Meadows Construction Co., Inc. ct:newiLCOnrtlAClolls
{eS3 LCnOk Av[nU[ P.O. 60k 80039
JACaaOaVILLS, fL0111DA 32205 rnODG 180.) 38]3506 JACIISOnVLLL[. rLOe1DA 32236
rAk I9a13Be~]]08
April 70,'1992
CI1R OP ATLANTIC B¢ACN - FLORIDA
Pmt Office Bo: 25
Atlantic Beech, Ploride 32233
R¢P¢R¢NC¢: Notice of Arerd
Nater Treatment Plsnt Improvements
Gae 6 Janson Project No. 97-323
Atlantic Beech, Ploride
Gentlemen:
On April 2,'1992, the City Commission of the City oC ltlentic Beech voted to award e
oontrect for construction of the subject project to Meedoro Construction Company, Ins
in the amount of ='1,22K,950.00. On Apri17. '1992, re received a written Notice of Award
dated 1pei1 6,'1992 from Gee end Janson Bnginaera on behalf of the City of Atlantic
Beech. Na also received from Ges end Janson that data, five copies of the Contrset
Agraasmnt for our ssacution. On Apri18,'1992, re a:ecuted and returned the five copies
of the Contract Igraement to Gas a Jenson ISngineere together frith a Per[ornlenm Bond,
tabor snd Materiel Payment Bond end Cert3.fimte of Inaursnm es requested in the notim
of arard.
Ne understand from a telephone conversation with Maureen ¢ing on April 9,'1992 that a
somber of the City Comwimion hea requested that this project be plnmd on the agenda
for discussion at itb meeting scheduled for April 13.'1992.
She Consnission rss advised by itb attorney during itb meeting on April 2, 1992
conmrning the eppliosble Ploride ler. Therefore, we did not consider it neceamry to
offer legal an^w+. or opinion. Flovavar, einm another bidder did cite a Florida
appellate sees during hie presentation st that smatfng, ve do wish to submit the
following information to the city for ith considerstion.
She mast complete snd up to dote analysis on the subject of public entity bidding in
Florida is Contained in Ploride ~... r ~etion ~r De Drsetica. second edition, published
DY the Ploride Bar.
In Chapter 7, which deals with bide to public entities, the author (John R. Bekaa, Jr.)
states throe principals, DAasd on Ploride Appellate Lew, deaeribing the discretion of a
public body (page 7-22k
7. letiona moat De taken in good faith and without fraud.
2. Public bodies pomPSe wide discretion in determining the Deaf Did.
3. Honest discretion sill not De reversed even if it appears erroneous, and
reesonebla people disagree.
Also, he cites ten conaiderstiona which a public entity may consider in itb review of the
-~__
272 Ca1.Rptr. 458 PAGE 7
(Gila ass 222 Ca1.App.30 1362, •13 t9, 272 Ca1.Rptr. 45s, ••l62)
law. [Citations.]" (Taylor Bus Sar+ice, Inc. v. San Diego ed. of Education,
supra, 195 Ce1.App.3d at p. 1340, 261 Ca1.Rptr. 379.)
Tha record of the prxeedings before appellant was not before thn trial
court. However, appellant submitted a declaration to the trial court Eros its
engineer/manager, Dennis 5cherzinger, in which ha stated: ^[At the meeting at
which respondent presented his reconsideration request, appellant) indicated
that this additional information [in the consultant's opinion letter] suggested
that [zsepondent] may also be qualified to operate the ... property, but they
also indicated that [Huston] seemed more qualified and stated that their
counsel informed them that they had to rely only on the initial evaluation of
all seven side and Statements, and the initial interviews of all seven bidding
parties and their references. They therefore voted to reaffirm the bid award
to [Huston].^ At the Rearing before the trial court, appellant refused to
stipulate that it had made a specific finding that respondent vas qualified.
[6] Relying on City of Inglewood the trial court concluded that the
determination of a ^qualified" bidder vas not for the court but for appellant.
•1370 Because the record vas not definitive that appellant had made such a
determination, it issued the writ commanding it to determine whether respondent
was qualified. It also concluded ••463 that in reviewing the award appellant
was not limited to the information presented with the original bide but,
pursuant to the due process guidelines of City of inglavood, should consider
any additional information presented by respondent to rebut appellant's initial
award and demonstrate his qualification.
(7] Na conclude the trial court rvled correctly. An agency awarding a public
contract must determine whether the low (or, in this case, high) bidder is
qualified to perform the contract. (City of Inglewood, supra, 7 Ca1.3d at p.
870, 103 Ca1.Rptr. 689, 500 P.2d 601.) The only information before the trial
court vac a statement that appellant suggested that respondent may Rave been
qualified to operate the property. Such information is not equivalent to a
conclusive finding that respondent vas qualified. purthermora, the finding of
qualification sROUld be made only after the low (or high) bidder has an
opportunity to rebut adverse evidence of qualification and present additional
evidence of qualification. Refusing to consider information assembled
subsequent to that accompanying the original bid deleata the requisite review
process due the bidders.
III [FN••]
PN•• See footnote *, ante.
The judgment is affirmed.
DISPOSITION
IAN, P.J., and RING, J., concur.
END OP DOCDMENT
COPR. (C) NEST 1992 NO CLAZN TO ORIG. U.S. GOVT. NORR£
272 Ca1.Rptr. 458 PAGE 6
'(Cite Laf 222 Ca1.App.3d 1362, •1368, 272 Cal.Rptr. 4Sa, ••461)
[2] It is undisputed that appellant is engaging a private party to perform a
task that, but for the agreement, it would perform itself. The difference
between this agreement and the more customary public work contract is that
payment for the work comes not in the form of cash from appellant's treasury,
but in the fors of use of appellant's land and reclaimed eater for the private
party's own agricultural purposes. The fact that the lessee pays rant does not
alter the fact that the agreement requires the leases to perform public work.
The reasonable conclusion to be drawn from the agreement is that the rental
value of the property and the fertilization/irrigation value of the reclaimed
water together exceed the cost of the sewage by-product disposal, and the rent
paid by the lessee ••402 represents the net difference. Under such
circumstances appellant's duty to the taxpayers, pursuant to the policy of
competitive bidding, is to obtain the highest rent, thereby reducing its
expenditure for the public work.
Appellant argues that section 20784 clarifies the legislative intent to
regulate competitive bidding only when it involves actual payment in cash of
public funds. Section 20784 (added by Stats.1989, ch. 1163, s 55) merely
requires all bids to be presented under seal and accompanied by the bidder's
security, and the sanitation district to return the security of unsuccessful
bidders in a reasonable period of time after the award "to the lowest bidder."
It does not support appellant's contention.
II
[3][4][5] The diapositive issue is whether appellant correctly Lollowed the
"responsible bidder" requirements. In the context of "responsible bidder,"
•13f9 the term "responsible" refers not only to the attribute of
trustworthiness, but also to the quality, fitness and capacity of the bidder to
perform the proposed agreement satisfactorily. (City of Inglewood, supra, 7
Ca1.3d at p. 867, 103 Ca1.Rptr. 689, 500 P.2d 601; 10 NcQuillen, Municipal
Corporations, s 29.73.05.) When a statute requires that an award be made to
the lowest (or highest) responsible bidder, it must be awarded accordingly
unless that bidder is found not responsible, i.a., not qualified to perform the
particular work under consideration. Although public bodies Nava discretion to
etermine vhlch bidders are responsible, they may not, if they determine more
than one bidder is responsible, make the award on the basis of relative
superiority. (City of Inglewood, supra, 7 Ca1.3d at p. 867, l03 Ca1.Rptr.
689, 500 P.2d 601.) Before a contract may ba awarded to one other than the
lowest (or highest) bidder, the public body must (1) notify that bidder of any
evidence reflecting upon the bidder's responsibility received from others or
adduced as a result of independent investigation, (2) afford the bidder an
opportunity to rebut such adverse evidence, and (3) permit the bidder to
present evidence of qualification. (Id., at p. 871, 103 Ca1.Rptr. 689, 500
P.2d 601; sea also Taylor Bua Service, Inc. v. San Diego Bd. of Education
(1987) 195 Ca1.App.3d 1331, 1341, 241 Ca1.Rptr. 379.)
In reviewing the award of a public contract our function is the same as
the trial court--to determine whether the public entity's decision is supported
by substantial widance. "In a mandamus action arising under Code of Civil
Procedure section 1085, judicial review is limited to an examination of the
proceedings before the agency to determine whether its actions have been
arbitrary or capricious, entirely lacking in evidentiary support, or whether it
failed to follow proper procedures or failed to give notice as required by
COPR. (C) WEST 1992 NO CLAIM TO ORZG. U.S. GOVT. WORKS
272 Ca1.Rptr. 458 PAGE 5
(Cite as; 222 Ca1.App.3d 1362, •1367, 272 Ca1.Aptr. 45e, ••460)
requirements must be followed even if the expenditure for a public work is not
made from the agency's treasury. in East Bay Garbage Co. a sanitary district
••4s1 solicited bids from private garbage collectors for an exclusive
contract as the district's refuse collector, at collection rates set by the
district but paid directly by the households to the collector. One bidder
offered $22,500 and the other $15,000, and the contract vas awarded to the
$15,000 bidder. Former Health and Safety Code section 6515.5 required
contracts for works exceeding $2,500 to be awarded to the lowest responsible
bidder pursuant to the competitive bidding scheme set forth in the Health and
Safety Code. The sanitary district had not followed the statutory notice
requirements. In an action between the two bidders to determine the proper
entitlement to the contract, the higher bidder prevailed.
On appeal, the $15,000 bidder continued its argument that adherence to the
requirements vas unnecessary because no expenditures were being made directly
from the district's treasury. The Supreme Court disagreed. It observed that
the statute, in effect, authorized two methods for handling the work: the
district could perform the work itself or it could contrast it out to a private
party. If it chose the latter, as the district had done, it had to follow the
statutory bidding process and award the contract to the lowest responsible
bidder. "In such circumstances, the lowest responsible bidder would be the
bidder who, on the basis of a uniform fee schedule, returned to the district
the largest sum for the privilege granted by the district. [P] It is a
cardinal rule of statutory construction that the language of a statute should
be construed to effect, rather than defeat, its evident object and purpose.
[The $15,000 bidder] concedes the applicability of the statute where the
district itself undertakes to do the work, in the sense that it will pay the
scavenger firm directly for the services performed, and the cost to [the
$15,000 bidder] exceeds $2,500. It is no less applicable where, as here, the
district contracts with one of [several] competitive bidding scavenger firms tc
do the work required, and has the cost of removal of the garbage paid directly
to the firm by the inhabitants of the district. The same reasoning prevails in
protection of the public interest to insure the greatest possible value for the
least expenditure. To hold otherwise would permit •1368 circumvention of
the statute contrary to its purport and reasonable construction." (East Bay
Garbage Co. v. Washington Township Sanitation Co., supra, 52 Ca1.2d at p. 713,
346 P.2d 289, citations omitted.)
East Bay Garbage Co. reLlects the public policy behind all statutory
competitive biddlnq requirements governing the letting of public contracts:
benefit to and protection of the public. (Universal By-Products, Inc. v.
City of Modesto (1974) 43 Ca1.App.3d 145, 152, 117 Ca1.Rptr. 525: 10
NcQuillen, xunicipal Corporations, s 29.29.) "[L)owast responsible bids"
insure the greatest possible value for the least expenditure. (East Bay
Garbage Co. v. Nashington Township Sanitation Co., supra, 52 Ca1.2d at p. 713,
344 P.2d 289.) "Highest responsible bids' secure the largest reasonable retuzr
to the public. (Zbid; Brown v. city of Phoenix (1954) 77 Ariz. 368, 371
[272 P.2d 358, 361].) In either case the principal is the same--assurance that
the taxpayers receive the most for their money and that awards are made without
favoritism, fraud or corruption. (See City of Inglewood-L.A. County Civic
Center Auth. v. Superior Court (1972) 7 Cal.]d 861, 866-867, 103 Ca1.Rptr. 689,
500 Y.2d 601 [hereafter City of Inglewood ].)
COPR. (C) WEST 1992 NO CLAZN TO ORIG. U.S. GOVT. WORX:
272 Ca1.Rptr. 458 PAGE
(Cite tat 222 Ca1.App.3d 1362, •1366, 272 Ca1.Rptr. 4Sa, •460)
directors reaffirmed the award.
FN2. Respondent's action was not an appeal in the customary legal sense in
that he vas not seeking review from higher authority of an inferior body's
decision. It is more accurately characterized a reconsideration, insofar
as he wa^ making his request to the same body that made the original award.
Respondent then filed the instant petition for writ of mandate, contending
that appellant was required to award the lease to him pursuant to the statutory
public contract scheme of section 20783. Appellant opposed the petition on the
grounds tTat section 20783 was not applicable because the lease did not involve
an expenditure of public funds, but vas merely an agricultural lease in
exchange for the tenant's skill and experience in utilizing wastewater for
irrigation.
The trial court issued a peremptory writ of mandate commanding appellant to
determine whether respondent was a qualified and/or responsible bidder for the
ranch and, if so, to award Tim the lease and vacate its prior award to Huston.
If it determined Te was not qualified, the agreement with Huston would remain
in full force and effect.
DISCUSSION
I
Appellant contends section 20783 is inapplicable because the agreement herein
is a lease rather than a contract for public work involving an expenditure of
public funds. Section 20783 provides, in pertinent part: "when work is done
by the [sanitation) district itself by force account, the amount shall not
exceed five thousand dollars ($5,000). when the expenditure required for the
work exceeds twenty-five thousand dollars ($25,000), it shall be contracted for
and let to the lowest responsible bidder after notice...." A public work
contract is defined as "an agreement for the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or
other public improvement of any kind." (s 1101.) Sanitation districts may
contract with private parties for the disposition or operation of any property
or work which the districts themselves might dispose of, operate or
undertake. (s 20782.)
[1) The operation of appellant's sewer plant results in the accumulation
of reclaimed water and sludge, of which appellant must dispose. Although the
original advertisement invited bids for a pasture "lease," the subject
agreement is entitled, "Agrnament for Reclaimed Water Vse" and recites that the
subject property exieta specifically for the purpose of utilizing the reclaimed
avatar and sludge as irrigation and fertilization Por farming and grazing. Its
apeciiicationa for the farming, grazing and use of sludge and reclaimed
•13 i7 water on the property are precise. The primary purpose of the
agreement is to diapoae of the sludge and reclaimed water in a utilitarian
fashion which, absent the agreement, appellant would otherwise perform itself.
Consequently, the egreamant tits the statutory definition of a public work
contract.
in response to appellant's argument that the agreement does not involve an
expenditure of public Lunde, respondent cites East Bay Garbage Co. v.
Washington Township Sanitation Co. (1959) 52 Ca1.2d 708, 344 P.2d 289 for the
proposition that in certain circumstances "lowest responsible bidder"
COPR. (C) WEST 1992 NO CLAIM TO ORIG. U.S. GOVT. wORICS
272 Ca1.Rptr. 458 PAGE 3
(C1ta aa: 222 Ca1.App.3d 1362, 272 Ca1.Rptr. 436)
bidder. U.S.C.A. Const.Amend. 14.
Boydeton v. Napa sanitation Dist.
272 Ca1.Rptr. 458, 222 Ca1.App.3d 1362
(7]
316AR11
PUBLIC CONTRACTS
K. Award to lowest bidder; bidders' qualifications.
Ca1.App. 1 Dist. 1990.
Agency awarding public contract must determine whether low (or high) bidder is
qualified to perform contract.
Boydston v. Napa Sanitation Dist.
272 Ca1.Rptr. 458, 222 Ca1.App.3d 1362
••1 Sf •1365 June E. Noroney, C. Preston Shackelford, Coombs & Dunlap,
Napa, for defendant and appellant.
Hugh E. Comisky, Jr., Kilpatrick, Kays, Daniels 6 Comisky, Vallejo, for
plaintiff and respondent.
HANING, Associate Justice.
The Napa Sanitation District appeals a peremptory writ of mandate
commanding it to determine whether respondent Jack L. Boydston is a qualified
bidder on a lease of appellant's property. Its principal contention is that
the trial court erred in basing its ruling on the competitive bidding
requirements of Public Contract Code section 20783, because the lease did not
involve an expenditure of public funds. [FNi] We affirm.
PN1. Unless otherwise noted, all further statutory references are to the
Public contract code.
FACTS
Appellant publicly advertised for an annual tenant for 753 acres of pasture ti
be irrigated with reclaimed municipal wastewater, and 157 acres of non-
irrigated pasture. The site was commonly known as the Kirkland Ranch. All
potential tenants ware required to have experience in cattle operations,
rotation grazing practices, and irrigation with fixed sprinkler systems.
interested persons were to submit statements and bids, after which appellant
would "nagotiaia an agreement with the moat qualified bidder." Respondent bid
$38,440, but appellant accepted the $33,144 bid of the Huston-Fifield fi H.R.
Angus partnership (Huston) which, in appellant's evaluation, ranked higher in
farming experience.
Respondent informed Dennis M. Scherzinger, appellant's engineer-manager, that
••660 ha wanted to ^appeal" the award. [FN2] Scherzinger asked an
agricultural consultant to review both bids. The consultant concluded that
each bidder appeared able to operate the acreage successfully. However, he
believed Huston had "the edge^ as the more experienced operator with a broader
base of management experience, more recent experience in the operation of
sprinkler systems, better equipment resources, and larger herds •1366 of
cattle from which stocking rates could be quickly adjusted as required during
the grazing season. Tha consultant's "one point of concern" with respondent
vas his ability to manage a "two herd" grazing plan. Appellant's board of
COPR. (C) WEST 1992 NO CLAIM TO ORIG. U.S. GOVT. WORK
272 =a1.Rptr. 458 PAGE 2
(Cite as: 222 Cal.app.3d 1362, 272 Ca1.Aptr. aSa)
use of reclaimed water and sludge by lessee, even though lease did not involve
actual expenditure in cash of public funds; difference between agreement and
more customary public work contract vas that payment for work did not come in
form of cash, but in form of use of land and reclaimed water for private
party's ovn agricultural purposes. west's Ann.Cal.Pub.COn.COde ss 20783,
20784.
Boydston v. Napa Sanitation Dist.
272 Ca1.Rptr. 458, 222 Ca1.App.3d 1362
(31
316AK11
PUBLIC CONTRACTS
K. Award to lowest bidder; bidders' qualifications.
Ca1.App. 1 Dist. 1990.
In context of responsible bidder under public contract law, term "responsible"
refers not only to attribute of trustworthiness, but also to quality, fitness
and capacity of bidder to perform proposed agreement satisfactorily.
Boydston v. Napa Sanitation Dist.
272 Ca1.Rptr. 458, 222 Cal.App.3d 1362
[a7
716AK11
PUBLIC CONTRACTS
K. Award to lowest bidder; bidders' qualifications.
Ca1.App. 1 Dist. 1990.
AlthougR public bodies have discretion to determine which bidders are
responsible under public contract law, they may not, if they determine more
than one bidder as responsible, make award on basis of relative superiority.
Boydston v. Napa Sanitation Dist.
272 Ca1.Rptr. 458, 222 Ca1.App.3d 1362
[5]
316AK11
PUBLIC CONTRACTS
K. Award to lowest bidder; bidders' qualifications.
Ca1.App. 1 Dist. 1990.
Before contract may be awarded to one other than lowest (or highest) bidder,
public body must notify bidder of any evidence reflecting upon bidder's
responsibility received from others or adduced as result of independent
investigation, afford that bidder opportunity to rebut such adverse evidence,
and permit bidder to present evidence of qualification.
Boydston v. Napa Sanitation Dist.
272 Ca1.Rptr. 458, 222 Ca1.App.3d 1362
[6]
268K241
MUNICIPAL CORpOR11TIONS
K. Award to lowest bidder.
Ca1.App. 1 Dist. 1990.
Sanitation district was required to determine whether high bidder for lease of
sanitation district of land was "qualified bidder"; in making such
determination, district was not limited to information presented with original
bids, but, pursuant to due process guidelines, was to consider additional
information presented by bidder to rebut district's initial award to another
COPR. (C) WEST 1992 NO CLAIM TO ORIG. U.S. GOVT. WORKS
PAGE
Citation Database Node
272 Ca1.Rptr. 458 FOUND DOCUMENT CA-CS P
(Gila aa: 222 Ca1.App.3d 13 a2, 272 cal.aptr. 45a)
Jack L. BOYDSTON, Plaintiff and Respondent,
v.
NAPA SANITATION DISTRICT, Defendant and Appellant.
No. A046297.
Court of Appeal, First District,
Division 5.
Aug. 17, 1990.
Certified For Partial Publication. [FN*)
FN• Pursuant to rules 976 and 976.1, California Rules of Court, this
opinion is certified Lor publication except for part IZI.
Rehearing Denied Sept. 11, 1990.
See 273 Ca1.Rptr. 331.
Review Denied Oct. 30, 1990.
High bidder for lease of sanitation district's property and use of reclaimed
water and sludge brought mandamus action, contending that district was required
to award lease to it. The Superior Court, Napa County, No. 58023, Herbert W.
Walker, J., issued peremptory writ of mandate commanding district to determine
whether high bidder was qualified bidder for lease, and appeal was taken. The
Court of Appeal, Haning, J., held that: (1) primary purpose of agreement for
reclaimed eater use was to dispose of sludge and reclaimed eater in utilitarian
fashion which, absent agreement, sanitation district would otherwise perform
itselL, and thus, agreement fell within statutory definition of "public work
contract," and (2) sanitation district was required to determine whether high
bidder for lease sanitation district of land vas "qualified bidder" under
competitive bidding law.
Judgment affirmed.
[1]
268R236
MUNICIPAL CORPORATIONS
K. Contracts to be submitted to competition.
Ca1.App. 1 Diet. 1990.
Primary purpose of agreement for reclaimed eater use vas to dispose of sludge
end reclaimed water in utilitarian fashion wnicn, absent agreement, sanitation
district would otherwise perLorm itself, and thus, agreement fell within
statutory definition of "public work contract." West's Ann.Cal.pub.COn.COde ss
1101, 20782.
eoydston v. Napa Sanitation Dist.
272 Ca1.Rptr. 458, 222 Ca1.App.3d 1362
See publication Words and Phrases for other judicial constructions and
definitions.
[2l
268K236
MUNICIPAL CORPORATIONS
K. Contracta to be submitted to competition.
Ca1.App. 1 Dist. 1990. ,
Competitive bidding law aCOpRed(c) WESTe1992sNO1CLAINnTOiORIGCtUgSPrGOVT yWOnRRS
Mr. xim Leinbach, City Manager
Mr. Alan C. Jensen, City Attorney
Mr. William I. Gulliford, Mayor
April 3, 1992
Page 4
I believe it is reasonable and proper to request that the
City and the Public Works Department defer any further action
until the next scheduled meeting on Monday, April 13.
I would appreciate the City Attorney, Mr. Jenson, calling me
this afternoon or Monday so that we may discuss this matter
further.
z,
,_.-
TEA:vm
Enclosure (case referenced)
cc: Orteqa Industrial Contractors
Respectfully submitted,
SMIYT~/H, CURRIE 3 HANCOCK ~'.
Thomas E. Ahern hy, IV
Mr. xim Leinbach, City Manager
Mr. Alan C. Jensen, City Attorney
Mr. William I. Gulliford, Mayor
April 3, 1992
Page 3
The diapositive issue is whether appellant
correctly followed the "responsible bidder"
requirements.
When a statute requires that an award be made
to the lowest (or highest] responsible bidder,
it must be awarded accordingly unless that
bidder is found not responsible, i.e., not
qualified to perform the particular work under
consideration. Although public bodies have
discretion to determine which bidders are
responsible, they may not, if they determine
more than one bidder is responsible, make the
award on the basis of relative superiority.
The law of the State of Florida also recognizes that:
[T]he purpose of competitive bidding is to
secure the lowest responsible offer. .
Tropabest Foods, Inc. v. State of Florida, 493
So. 2d 50 (1986
CONCLUSION
Ortega is understandably upset with the action which the City
of Atlantic Beach proposed to take last night. I have advised
Ortega that rather than precipitously filing a lawsuit which would
inunediately cause both Ortega and the City to incur significant
time and expense, that I would write and request that you consider
the information which I have been asked to prepare and present to
you. Accordingly, I request that you take no further action to
implement the recommended award voted on at last night's City
Commission meeting. I am faxing this letter and the enclosed case
£or your consideration and in support of my request that any
further action be deferred until this matter has been further
reviewed next week. I will provide you with a full analysis as to
the appropriateness and legality of the planned course of action.
~'
Mr. Kim Leinbac h, City Manager
Mr. Alan C. Jensen, City Attorney
Mr. William I. Gulliford, Mayor
April 3, 1992
Page 2
6. The responsibility evaluation of the three lowest bidders was
on a scale of 1 to 10 (with 1 being the poorest and 10 being
excellent) and the results were reflected on a "matrix
evaluation chart."
7. The responsibility evaluation score for the low bidder,
Ortega, was S.R, and for the second low bidder, Meadors, was
7.6.
8. The Mayor asked the Public Works Department representative,
Mr. Kosoy, several questions to which he responded as
follows:
(a) Mr. Kosoy stated he considered Ortega a "good"
contractor and stated that Ortega was otherwise
qualified as a responsive bidder;
(b) Mr. Kosoy stated that a contractor with a "good" rating
could satisfactorily perform the required work; and
(c) Mr. Kosoy stated that he did not give more weight to the
references listed than to the price and other
qualifications of each bidder.
THE ISSUE
Accordingly, the issue presented is whether the City may
properly and lawfully award a contract to other than the low,
responsive bidder when the low responsive bidder is deemed '
responsible but has a slightly lower responsibility score than a
higher bidder. The issue could also be phrased as whether the
City may properly and lawfully award a contract and spend
additional public monies for a higher priced contractor deemed
"more responsible" than a lower priced contractor who is also -
deemed to be responsible and capable of performing the work.
This question has been squarely faced by one court which held
that an award should not be made to a higher priced contractor
based on the fact that it was deemed to be a more responsible
contractor. Bo dston v. NAPA Sanitation District, 222 Cal. App.
3d 1362, 21 Ca Rptr. See enclosed copy)
Specifically, the Court stated as follows:
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.° April 3
1992 ~w.°"
.`~°S `
f e
y ,
Mr. Kim Leinbach, City Manager
(904) 247-5800 Business ~o.
(904) 247-5805 Fax NO.
City of Atlantic Beach, City Hall
Atlantic Beach, Florida
Mr. William I. Gullif ord, Mavor
(904) 268-6711 Business No.
(904) 268-1803 Fax No.
City of Atlantic Bch., City Hall
Atlantic Beach, Florida
Mr. Alan C. Jensen, City Attorney
(904) 246-2500 Business No.
(904) 246-9960 Fax No.
City of Atlantic Beach, City Hall
Atlantic Beach, Florida
Re: Improper Rejection of ortega's Low Bid and
Onlawful Expenditure of Additional Public Funds
Regarding Water Treatment Plant Improvements
For the City of Atlantic Beach, Florida
Gentlemen:
I have been retained by Ortega Industrial Contractors of
Jacksonville, Florida to review the above matter and the proposed
action last night when the Commissioners of the City of Atlantic
Beach voted on a recommended award of the above contract. The
facts as reported to me by Ortega are as follows:
THE FACTS
1. WPC Industrial Contractors, Inc. bid was disqualified.
2. Ortega submitted the low responsive bid: 51,207,295.
3. Meadors Construction Company, Inc. submitted the second low
bid in the amount of 51,224,950.
4. The difference in price of these two lowest responsive bids
was 517,655.
5. The three lowest responsive bids were evaluated by price.
Also, each bidder was evaluated for responsibility in
accordance with eight factors listed in the City of Atlantic
Beach Code of Ordinance Section 2-335 which was referenced in
the Invitation to Bid.
ON S. Reoai ~ e vehicles "~"'^"~ nuthortnation
gerM•;
*+rohibited. It shall be unlawful for any parson to dlsmentle or to
withoutp the ~ written lconsentd signed by its sowneremore hi ehduly
authorized agent.
SECTION 6.. E••°^~'O° nate. This Ordinance shall take effect
immediately upon its final passage and adoption.
PASSED by the city commission on first reading this dey
of , 1992.
PASSED by the City Commiss1992 n second and final reading this
day of .
ATTEST:
NAUREEN KING I. RD, JR.
City Clark Nayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQDIRE
City Attorney
Y'
(3) Class C Wrecker
Any truck or unit of ten
tons or greater weight
$75.00 per hour towing charge
for a truck or unit
transportable as a whole, but
in no event less than $75.00
charge for such towing, or,
$100.00 per hour towing charge
for a truck or other unit not
transportable as a whole, but
in no event less than a $100.00
charge for such towing; and not
more than $100.00 per hour for
cleanup, extra labor or waiting
time.
DAYTIME NIGH'1TIHE
(6:OOam - 6:OOpm) (6:OOpm - 6:OOam}
Sunday a Legal Holidays
(4) Over +rn d Vehicles
Regular price plus $25.00 $25.00
(5) On ocean 35.00
Driver and/or wrecker 25.00
must enter water
regular price plus
(6) IIse of Dollies
Regular price plus 25.00 30.00
(b) The charges for storage of vehicles by wrecker service
operators shall be as follows:
Storage - outside per day $ 5.00
Storage - inside pez day 6.00
(c) When a wrecker is called and the owner arrives to claim
his vehicle before it can be removed, a partial fee is allowefl of
$10.00, if the wrecker has been physically attached to the vehicle.
If the owner arrives before the wrecker is attached, no fee will be
charged.
(d) The above charges may be changed by Resolution adopted by
the City Commission
6ECTIOR 3. All wreckers must be equipped at all times with
amber flashing lights and all necessary working tools, including
but not limited to bolt cutters, crowbars, shovel, broom, axe and
fire extinguisher.
BECTIOH •. All wreckers must have, maintain and keep in full
force and effect liability insurance in amounts not less than one
hundred thousand to three hundred thousand dollars ($100,000.00 -
$300,000.00) and property insurance in an amount not less than
fifty thousand dollars ($50,000.00).
onalNAxcs No.:.S'/- 9,2- /~
AN ORDINANCE OF THS CITY OF ATLANTIC REACH, EBTAHLZHHINO
REQ IO RATEMENTS FOE NRECEER BERVZCE6,BPAOVIDZNO AN EFFECTIVE
DATE.
AREREAB, the City often needs the services of a towing company
and wrecker service for the towing and storage of vehicles, and
NHERBAB, the City desires to establish standards and rules for
the administration of a rotating wreckez call list to provide safe
and dependable wrecker service to the City and its departments.
NON THEREFORE, EE IT ORDAINED 8Y TMS CITY COMMIBBION OF TEE
CITY OF ATLANTIC HEAC8, FLORIDAi
s*CTION 1. Fist blishment of rotating ' n ker call 1'st The
Chief of Police, subject to approval by the CZty Managez, is
authorized to establish standards and rules for the administration
of a rotating wrecker call list to provide safe and dependable
wrecker service to the city. All wrecker end towing firms,
companies, or corporations licensed to conduct that business may
apply for a listing by the police department on the rotating
wrecker call fist.
8EC'~'ION 2. ~ ~^~ *^"ing and s*oraae.
(a) The charges for towing and otherwise removing any damaged
motor vehicle from any point within the City limits shall be as
follows: DAYTIME NIG9TTIME
(6:OOam - 6:OOpm) (6:OOpm - 6:OOam)
Sunday ~ Legal Holidays
(1) Mass A Wrecker $45.00
Passenger Cars and $35.00
light vans
Trucks (half ton 35.00 45.00
to two tons)
Campers, trailers 50.00 50.00
E mobile homes
75.00 45.00
Motorcycles
(2) class B wrecker
Any truck, unit or part $50.00 pez hour towing Charge,
thereof, from more than but in no event less than a
two tons to ten tons of 550.00 charge for towing, and
weight not more than $SC.00 per hour
for cleanup, extra labor and
waiting time.
^ ~-
1
~ :;
ORDINANCE H0. 45-92-LO
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER
20, TAXATION, ARTICLE III, OCCUPATIONAL LICENSE TA%,
SECTION 20-59, SCHEDULE OF FEES, TO ADD A
CLASSIFICATION AND SET A FEE FOR MICRO BRENERY, AND
PROVIDING AN EFFECTIVE DATE
BE Ii ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
Section 1. The following occupational license classification is
added under Section 20-59 of the Code of Ordinances:
061 BREffERY, MICRO ..............................545.00
(Requires licensing by the Department of Business
Regulation, Division of Alcoholic Beverages and
Tobacco
Section 2. This ordinance shall take effect immediately upon
ita final passage and adoption.
PASSED BY TBE CITY COMMISSION an first reading this day of
1992.
PASSED BY TAE CITY COMMISSION on second and final reading this
day of 1992.
NILLIAM I. CULLIFORD, JR.
Mayor/Presiding Officer
A T T E S T:
MADREEN T. RING
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
CS[y A[torney
ORDINANCE N0. 5-92-22
AN ORDINANCE AHENDING THE CODE OF ORDINANCES OF THE '
CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 2,
PURCHASING, AMENDING SECTION 2-331, BIDS -WHEN -
REQUIRED, TO PROVIDE THAT FORMAL BIDS SNAIL RE
REQUIRID FOR PURCHASES OF SUPPLIES OR SERVICES FROM
ENTERPRISE FUNDS IN EXCESS OF 55,000, AND PROVIDING
AN EFFECTIVE DATE ,
BE IT ORDAINED by the City Commission of the Ci[y of Atlantic
Beath, Florida, as follows:
Sett ion 1. Chapter 2, Article VII, Division 2, Section 2-331 is
hereby amended to read as follows:
Section 3-331. Bids - When Required
All supplies and contractual services, except for the Enterprise
Funds or as othetvise provided Sn this division, when the estimated cost
thereof shall exceed two thousand five hundred dollars (;2,500.00) shall
be purchased by formal, written contract from the lowest responsible
bidder after due notice inviting proposals. For the Enterprise Funds,
nn n,nnltas and rontractual services. when the estimated cost thereof
Section 2. This ordinance shall take effect upon its final
passage sad adoption.
passed by the City Commission on First Reading this day of
. 1992
Passed by the City Commission on Second and Final reading this
day of 1992.
WILLIAM I. GULLIFORD, JR.
Mayor/Presiding Officer
A T T E S T:
NAUREEN KING
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
..: -
ORDINANCB ND.: 40-92-17
AN ORDINANCB ANENDINO T8H CODS OP ORDINANCES 07 TSE CITY
OF ATLANTIC BEACH, BZTENDII(O T8E EZIBTINO FRANCHIHL OF
CONTINHNTAL CAHLEVZBION TEROOOH HAY, 8005, REDIICIDTO THE
BOHD REQIIIRBNBNTB, AND PROVIDING AN SFFECTZVE DATE.
WHEREAe, continental Cablevision of Jacksonville, Inc.,
currently hoe a franchise to operate in the City of Atlantic Beach
granted under prior ordinances, to wit: ordinance 40-79-9,
40-80-10, 40-80-i1, 40-82-12, d0-65-13, 40-87-15,and 40-89-16, and
REEREAH, Continental CableV181on of Jacksonville, Inc.,
desires to extend its franchise in the city of Atlantic Beacn
through Nay, 2005, in order to make long range plane, financial
commitments, and capital improvements to the facilities now or
hereafter existing in the City.
NOR TEEREFORE, HE ZT ORDAIBED 8Y TSE CITY COMlSIHHION OF THB
CITY OP ATLANTIC BRACH, FLORIDAC
SECTION 1.. The franchise now held by Continental Cablevision
of Jaakaonville, Inc., to construct, operate, and maintain a cable
television system in the.City of Atlantic Beach, ie hereby renewed
and extended through Nay, 2005.
SECTION 2. The performance bond required to be maintained by
Continental Cablevision of Jacksonville, inc., shall ba in an
amount no leas than $50,000.00.
BECTZOY 3. All other terms and conditions of the existing
franchise granted to Continental Cablevision of Jacksonville, Inc.,
as set forth in the above-listed ordinances, shall remain in Pull
torte and effect.
HECRION 4. This Ordinance shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission on first reading this day
of February, 1992.
PASSED by the City Commission on second and final reading this
_ day of Pebruary, 1992.
ATTEST:
MAVREEN KING WILLIAM I. GULLIFORD, JR.
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
AN C. SEN, ESQUIRE
City racy
RSBOLDT208 f2_7
A REBOLDTIOS OP TRS CITY OP RTLRRTIC BBRCR
PROVIDIRO 10R THS fiONHER OP D,YB PBR •SSS OF
BOLID AABTE COLLECTIOR pROVIDIRO AN BPPSCTIVS
RATS.
~.
NSSREAB, the City Commission pessed Ordinance No. 55-92-26 on
March 23, 1992, which rewrote in its entirety Chapter 16 of the
Code o1 Ordinances relating to Solid Waste, and
AHERSAB, Sec. 16-x of Chapter 16 provides that the City
Commission shall set by resolution the number of days per week of
solid waste collection.
RO1f THEREPORS, HS IT R880LVED HY T8S CITY CO10[IBBIOS OP THS
CZTY OF ATLASTIC HS11CH AB 10LL0*Bt
BSCTION 1. The number of days par week of solid waste
collection shall be as follows:
(a) Garbagi: Two (2) days per week
(b) Yard Trash: Two (2) days par week
(c) Recyclable items: One (1) day per week
SBCTION 2. This resolution shall take effect immediately upon
its final passage and adoption.
PARSED by the City Commission or Atlantic Beach, Florida this
day of March, 1992.
ATTEST:
MAUREEN KING
City Clerk
WILLIAM I. G O JR.
Nayor, Presiding Officer
Approved ac to form and correctness:
ALAN C. JENBEN
city Attorney
PASSED by the City Commission on first reading this 11th day
of March, 1992.
PASSED by the City Commission on second and final reading this
day of 1992.
William I. Gulliford, Jr.
Mayor, Presiding Officer
A T T E S T;
Maureen xi
City Clerk
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
b. The city shall inform each person wishing to
dispose of any white good of the date to place any
white good at curbside for removal and disposal by
the City, and all persons must provide the above
information and be placed on the list for removal
of white goods prior to placing any white good at
curbside.
c. It shall be unlawful to place any white good at
curbside unless the above procedure is complied
with; it shall also be unlawful to place any white
good upon vacant or unoccupied premises in the
city, or upon any street, alley or park.
(2) The city may collect a fee for the removal and disposal
of each white good if deemed necessary by the City
Manager. The amount of such fee shall be approved by
resolution of the City Commission.
Sec. 16-14. Enforcement.
This chapter shall be enforced by the Atlantic Beach Police
Atlaant~icnBeach City CommissiBOn c the City Manager ophi sdesigneee
the Building Inspector and the Code Enforcement Officer. All
parties herein referred to are hereby authorized to sign complaints
for violation of this chapter.
Sec. 16-15. Violations and penalties.
The violation of any provision of this chapter shall be
punished by a fine not exceeding S500.00, or imprisonment for a
term not exceeding 60 days, or by both fine and imprisonment.
Section 2. This ordinance shall take effect immediately upon
final adoption.
-~-
~`
,r_-.
Sec. 16-11. Removal of lot clearing, contractors' debris; oil and
grease.
Trash and debris caused from the operation of lot cleaning or
clearing and contractors' debris caused from building, rebuilding
or otherwise altering of buildings or structures shall be removed
by the owner or contractor performing the work. Spent oils or
greases accumulated at garages, filling stations or similar
establishments will not be removed by the city.
Sec. 16-12. Prima facie evidence of production of garbage; duty of
city to inspect premises.
Any place of abode or any place of business occupied or in
operation shall be prima facie evidence that garbage is being
produced and accumulated on the premises. It shall be the duty of
the proper representatives of the city to inspect and supervise the
premises and remove all refuse and garbage found on the premises,
provided the required fees as required by this chapter have been
paid by the resident or occupant, or to notify the proper persons
if the removal is not the duty of the city.
Sec. 16-13. white goods: Procedure and fees for removal.
All residents, occupants and owners of residential premises in
the city who have not arranged for private disposal of white goods
as elsewhere authorized in this article shall have said white goods
removed and disposed of by the Sanitation Division of the city
according to the following procedure:
(1) For each separate white good, the person wishing to
dispose thereof shall provide to the city, either in
person or by telephone, a sufficient description of the
white good in order for the city to adequately identify
said white good.
a. The city shall obtain from any person wishing to
dispose of any white good that person's name,
address, and telephone number, together with a
description of the white good, and said information
will be placed on a list for removal and disposal
by the Sanitation Division.
-6-
(a) Residence A unit: For each residence A unit,
(1) There shall be a charge of forty-eight dollars
(S48.00) per quarter, payable to the City of
Atlantic Beach, for each residence A unit.
(b) Residence B unit: For each housekeeping unit in a
residence B unit.
1
(1) There shall be a charge of forty-eight dollars ~
(548.00) per quarter, payable to the City of i
Atlantic Beach, for each such housekeeping unit.
(c) Residence C unit: A container or dumpster will be
furnished and maintained by the City and there shall be
a charge of 5167.50 per cubic yard per quarter for each
container or dumpster.
(d) Commercial A unit: For each commercial A unit, there
shall be a charge of 5167.50 per cubic yard per quarter
for each dumpster.
Note: Charge includes dumpster maintenance and
replacement.
(e) Commercial B unit: Ali business, professions and
occupations not required to have a commercial dumpster.
(1) There shall be a charge of forty-eight dollars
(S48.00) per quarter, payable to the City of
Atlantic Beach, for each commercial B unit.
Sec. 16-9. Anuual review of fees.
A review of residential and commercial solid waste rates shall
be conducted annually by the Director of Finance and completed by
August 31 of each year.
Sec. 16-10. Noncompliance.
The city shall not be required to collect any garbage,
recyclable items or garden trash which does not comply with this
chapter.
-5-
Sec. 16-6. Leaves and grass clippings; tree trunks.
Leaves and grass Clippings shall be placed for Collection at
the curb in either a receptacle meeting the standard for garbage
collection or a disposable plastic or waterproof paper bag securely
fastened at the opening. Tree trunks, stumps, limbs, trimmings or
waste building materials shall be collected; these items shall not
exceed five (5) feet in length nor shall any single item exceed a
weight of fifty (50) pounds.
Sec. 16-6. Burial of solid waste.
No solid waste shall be buried upon the premises of the
person by whom the solid waste is accumulated. No solid waste
shall be buried elsewhere in the city except upon written
permission o the City Manager. Composting shall not be considered
burial. C1
.c~r~ ak
Sec. 16-7. Depositing on vacant lots, streets, parks, etc.,
prohibited; compost piles.
(a) It shall be unlawful to deposit garbage, trash,
recyclable items or any other solid waste including old furniture,
appliances, bed springs, tires, building materials or auto parts
upon any vacant. or unoccupied premises of the city, or upon any
street, alley or park.
(b) It shall be unlawful for any person to deposit garden
trash upon any adjoining lot or premises, whether vacant or
improved, occupied or unoccupied, or upon any other lot or
premises, or a street, plaza, alley or park, or in any canal,
waterway, leke or pool within the city. Garden trash containing no
combustible matter or matter which will, during decay, give off
offensive odors, may be accumulated by the owner as a mulch or
compost pile in the rear of the premises upon which accumulated.
Sec. 16-5. Fees for collection.
All residents, occupants and owners of premises in the city shall
have accumulations of solid waste removed and disposed of by the
Sanitation Division of the City, and for the service of solid waste
removal shall pay the City of Atlantic each the sums shown below
for each type of service: 1.
-4-
t+.
(a) Containers. No garbage shall be collected unless it is
placed in a closed garbage container. Said container shall be
waterproof and shall in no event exceed the dimensions of a
standard thirty-two gallon garbage can or bag. Nothing shall be
picked up, collected or removed by the Atlantic Beach Public Works
Department unless it is within a garbage container as defined
herein.
(b) Set out and storage. No person shall place a container in
front of a residential unit in which he dcea not reside. Garbage
containers set out for garbage collection shall be placed at the
curb of the street from which garbage service is rendered except as
otherwise provided herein. Garbage containers shall beset out no
earlier then 6:00 p. m. the day prior to collection and shall be
returned to their regular place of storage no later than 12:00
midnight on the day of collection. Garbage container blinds,
which are in architectural harmony with the building, or
underground containers, may be placed anywhere between the building
and the street from which garbage service is rendered, but in no
case shall they be located on public property. If garbage is
stored underground or behind a garbage container blind which is not
located at the curb, the garbage container must be moved to the
curb for pickup. Any residence or commercial unit to which this
section creates a hardship to either the resident of the property
or the city sanitation department for placement of containers for
garbage service shall apply to the Director of Public Works or his
designee, who shall thereupon determine the location at which
garbage containers shall be placed. Garbage containers located
other than as described in this section shall not be emptied. In
cases where lcts run from street to street, the provisions of this
section applicable to front yards shall also apply to rear yards.
(c) Inspection and approval. All garbage and trash
containers shall be subject to inspection and approval or
condemnation by the Director of Public Works. Appeals of his
decisions may be made to the City Manager.
(d) Dwnpsters required. All Commercial A and Residence C
type units shall be required to have a commercial dumpster for
disposal of garbage and trash. It shall be the duty of the
Director of Public Works to determine the size dumpster required.
Appeals of his decisions may be made to the City Manager.
Sec. 16-4. Alternate disposal of recyclable items.
Any person may donate or sell their own recyclable items referred
to herein to any person, partnership or corporation, whether
operating for profit or not for profit.
-3-
~:
Carden trash or yard trash or trash shall mean all the organic
refuse accumulated from the care of lawns, shrubbery, vines and
trees.
Residence A unit shall mean a residence occupied by and the
place of abode of a single family where one (1) kitchen only is
provided and maintained.
Residence B unit shall mean duplex residences under a single
roof, or apartments consisting of two (2) and not more than ten
(10) housekeeping units under a single roof, or a primary and
secondary dwelling on the same lot.
Residence C unit shall mean a group of more than ten (10)
housekeeping units where it is not feasible to have garbage picked
up from each individual residence and where a dumpster is required
for central pick-up of garbage and trash.
Solid waste shall mean the solid portion of the waste stream
including but not limited to garbage, refuse, rubbish, recyclable
items and garden trash.
White goods shall mean appliances such as refrigerators,
freezers, stoves, ovens, washing machines, dryers, water heaters,
air conditioners, compressor units, microwave ovens, television ~
se*_s and the like. 'r~
Sec. 16-2. Solid waste collection. J~ /l~ u
All solid waste accumulated in the City shall be c//ollected,
transported and disposed by the City or a contractor :designated by
the City Manager. No person shall collect, transp t through the
streets or alleys of the City, or dump, incinerate, or in any other
manner dispose of solid waste originating in he City except
through written agreement with the City Manage ~ Each residence
and commercial unit shall separate the solid was a it generates
into garbage, yard trash and recyclables for co lection. (All
garbage containers shall be emptied and the content thereof s all
be disposed of at least once each week in residentia distric s and
as designated by the City Manager in the business istricts All
yard trash shall be picked up and disposed of at east on each
week. All containers for recyclable items shal be emptied at
least once each week. The number of days per wee of solid waste ~
collection shall be set by res lution of the City Commission.
/ 1 ~sa~i%: _~~ ,~vr/
Sec. 16-3. Garbage and trash containers. 7 - ~,~~ ~~
r
~~_~ l ~.~-~~~G-'.~~
2 ~/
`.
~ ~~
ORDINANCE NO. 55-92-26
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF ATLANTIC BEACH, REWRITING IN ITS
ENTIRETY CHAPTER 16, REFUSE AND GARBAGE, AND
PROVIDING AN EPFECTIVE DATE
BE IT ORDAINED by the City Commission of the City of
Atlantic Beach, Florida, as follows:
Section 1. Chapter 16, Refuse and Garbage, is hereby
rewritten to read as follows:
Chapter 16
SOLID WASTE
Sec. 16-1. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Co®ercial A unit shall mean any business establishment
required to have'a commercial dumpster. Within this classif±cation
are, by way of example, stores, shops, grocery stores, food stores,
amusement houses, drug and sundry stores, dry goods and hard goods
stores, package stores, filling stations, shopping centers and
restaurants.
Commercial B unit shall mean any businesses, professions or
occupations not required to have a commercial dumpster.
Garbage shall mean every refuse accumulated from cooking,
cleaning and housekeeping.
Garbage container shall mean a metal or plastic container of
the type commonly sold as a garbage container, in good condition
with a tight seal. A plastic bag at least 1.3 mil thick which is
tightly sealed shall also be considered a garbage container.
Recyclable items shall include but not be limited to metal
cans, glass bottles and jars, and plastic (including soft drink,
milk, water, juice and detergent) bottles and jugs, newspapers,
magazines, telephone books, corrugate.? cardboard, metal coat
hangers and any other materials which are designated by the
Director of Public Works.
T
g5.vw..~ _._. _,......_. ,.. ~. .:
is deemed to be in the best interest of [he Ciry of Atlantic Beach.
PUBLIC ENTITY CRIMES - Any person submitting a bid or proposal in
response to [his Invitation must execute Form PUR 7068, SHORN STATE-
MENT UNDEA SECTION 287.133(A), FLORIDA STATUTES, ON PUBLIC ENTITY
CRI:fES, including proper check(s) in the space(s) provided and enclose
is with the bid or proposal. However, if you have provided the com-
pleted form co the submittal address listed in this invitation and
it vas received on or after January 1, 1992, the completed form is
not required for the balance of the calendar year.
IDENTICAL TIE BIDS - In accordance with Section 287.087, Florida Statures,
of tectlve January 1, 1991, preference shall be glven to businesses with
drug-free workplace programs. Nhenever two or more bids which are equal
with respect to price, quality, and service are received by the State
or by any political subdivision for the procurement of commodities or ~.
contractual services, a bid received from a business that certifies
[hat it has implemented a drug-free workplace program shall be given
preference in the award process. Established procedures for processing
bids will be followed if none of [he tied vendors have a drug-free
workplace program. A form for this tent if Station is included with [he
bid form and must be submitted with the bid or proposal.
Joan LaVake
Purchasing Agent
** k* k k k* k k k k k k* k* k* t** k k*****
FLORIDA TZNES-UNION: Please publish one time on Priday, March 13,
1992. Submit [ed by Joan LaVake - 247-5818.
CITY OF
r~lla«tce ~eaa4 - ~lasida
eooseAUNOtE BOw
-- _._ _ ATLA.\TIC BEMH, £IARDH J33J}StiS
TELFAiOME (Map u'1-380a
_ `l ' FA%19a1)2SF51a5
March 13, 1992 CLTY OF ATLANTIC BEACH
INVITATION TO BID
NOTICE is hereby given [ha[ [he City of Atlantic Beach, Florida, will
receive sealed bids in Che Office of Che Purchasing Agent, Ci[y Mall,
800 Seminole Road, Atlantic Beach, Florida 32233-5445, until 2:00 PM,
Tuesday, March 31, 1992, after vh ich time bids will be publicly
opened and read aloud Co Install Aluminum Railing and Stairvays a[
[he Atlantic Beach Sewage Treatment Plan[.
Bids shall be enclosed in an envelope endorsed "Bid No. 9192-9, Sealed
Bid Co Install Aluminum Railing and Stairways at the Atlantic Beach
Sewage Treatment Plane, To ee Opened After 2:00 PM, Tuesday, March 31,
1992."
Specifications and Bid Forms, and information regarding the bid, may
be obtained from Che Office of the Purchasing Agent, 800 Seminole Road,
Atlantic Beach, Florida, telephone (904) 247-5800.
Bidders must visit [he job site before bidding [o ensure accuracy and
compatibility. The successful bidder shall be responsible for field
verification of :he fit and interface of the railings and stairvays.
All bidders must furnish the following WITH THE BID
1. Bid Bond Sn the amount of SS of the bid.
2. References ces [Sfying to the quality of work on similar
projects.
3. Insurance certificates, naming [he CI[y of Atlantic Beach
as Certificate Holder, shoving [hey have obtained and
will Continue to carry Workers' Compensation, public and
private liability, and property damage insurance during
the life of the contract.
A Performance and Paymenc Bond will be required of the successful
bidder. Bid prices must remain valid for sixty (60) days after Che
public opening of [he bide.
Goods and services proposed shall meet all requirements of Che Ordi-
nances of [he City of Atlantic Beach.
The Ci[y of Atlantic Beath reserves the right to reject any cr all bids
or parts of bids, waive informalities and [echnicalltles, make award
in whole or part with or without cause, and [o make the award in what
1
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__- Bid No. 9192-9 - Install Aluminum Railing and S[ai ays t W4fPP
Mailing Lisc:
Dial's Welding S Fabrication
1511 Harchek Street
Jacksonville, FL 32211
Parker b Hick Welding d Machine Works
3451 West Beaver Street
Jacksonville, FL 32205
Gruhn-Hay Contractors
6897 Phillips Parkway Drive
Jacksonville, FL 32256
J. W. Meadors S Co.
4855 Lenox Avenue
Jacksonville, PL 32205
Mechanical Technicians
211 North 20th S[ree[
Jackaonville Beach, FL 32250
r.
that S[ recommend co the City Commission that St accept the low bid
from Chancey Metal Products. Inc., in the amount of 338,425.00, as the
the lowest responsible bid meeting bid specifications, and make [he
award accordingly.
Respectfully,
Joan LaVake, Purchasing Agent
CITY OF
~'Qtlartle ~eaek - ~lauda
eoo sE+nXO~e HOAD
ATLA.ITIC aFACH, FLORIN J311}5H5
TELEPHONE (900 L1'1-Staa
FAX 190112lLSl0J
April 13, 1992
AWARDS COMMITTEE MINUTES
THURSDAY, APRIL 2, 1992
The Awards Committee met on Thursday, April 2, 1992, at 2:00 PH, [o ,
receive bid advertised as Bid No. 9192-9, Install Aluminum Railings
and Scairvays at Wastewater Treatment Plan[.
Present a[ [he bid opening were Commissioner Glenn Edwards, Chairman,
City Manager Kim Leinbach, Public Works Director Robert S. Kosoy, ',
Utilities Plant DSvision Director Tim Townsend, Building Official Don
Pord, and Purchasing Agent Joan LaVake.
Invitations to Hid ve re mailed to five (5) prospective bidders shown
on the attached mailing list. Seven (7) bids were received as
follows:
TOTAL PRICE BID
Apex Netal Pabrica[ion, Inc. 'S
Palatka, FL 45,316.00
DSal's Welding b Fabrication, Inc.
Jacksonville, FL 47,878.00
Arko Industrial Group, Int.
Jacksonville, FL 39,975.00
Chancey Me [al Products, Inc.
Jacksonville, FL 38,425.00
Pove 11 Custom McCal
Jacksonville, PL 57,289.00
Parker b Hick Welding
Jackscnville, FL 43.333.00
Gruhn-Hay
Jacksonville, PL 49,432.00
The low bidder, Chancey Metal Products. Inc., met all bid requlrementa.
including a reference check, and it is the consensus of [he committee
`,
IDENTICAL TIE BIDS - In accordance with Section 287.087, Florida
Statutes, effective January 1, 1991, preference shall be given [o
businesses with drug-free workplace programs. {lhenever two or more
bids are received by the Slate or by any political subdivision for
[he procurement of co®odities or contractual services, a bid received
from a business that tertif ies that i[ has implemented a drug-free ,
workplace program shall be given preference in the award process.
Established procedures for processing bids will be followed if none
of [he tied vendors have a drug-free workplace program. A form for
this certification is included with [he bid form and must be subm it led
with [he bid or proposal.
Joan LaVake
Purchasing Agent
* * * * * * * * * * * * * * * * t t * * t * * * * * * * * * * t t *
FLORIDA TIMES-UNION: Please publish one time on Monday, March 9, 1992.
Submitted by Joan LaVake - 247-5818.
CITY OF
~a.rtie E~atek - ~lmuda
CITY OF ATLANTIC BEACH
INVITATION TO BID
800 SENINOLE R(1\II
ATLMTIC BFA('H, FLORm1132/.~5M5
TELFAfOrE /9001 Lt1-Y00
FA%19W~ N1-S805
NOTICE is hereby given that the City of Atlantic Beath, Florida, will
receive sealed bids in [he Office of the Purchasing Agent, Ci[y Nall,
800 Seminole Road, Atlantic Beath, Florida 32233-5445, until 2:00 PM,
Thursday, March 26, 1992, after which time bids will be publicly
opened and read aloud for Three (3) Roll-On, Roll-Off Sludge
Containers as Specified, With Stainless Steel Flcor and A36 Hild
Steel for the Body.
Bids shall be enclosed in an envleope endorsed "Bid No. 9192-8, Sealed
Bid for Three (3) Roll-On, Roll-Off Sludge Containers, To Be Opened
of cer 2:00 PH, Thursday, Harch 26, 1992."
Spec lfications and Bid Forms, and information regarding [he bid, may
be obtained from the Office of the Purchasing Agent, 800 Seminole Road,
Atlantic Beach; Florida, telephone (904) 247-5800.
Bidders must visit the site before bidding [o ensure chat the design
proposed is compatible to the roll-on, roll-off hydraulic hoists.
All bidders must furnish references test £fying to the quality of their
work. Bid prices must remain valid for sixty (60) days after the
public opening of bids.
Goods and services proposed shall meet all requirements of the
Ordinances of the City of Atlantic Beath.
The Ci[y of Atlantic Beach reserves [he right to reject any or all bids
or parts of bids, waive informalities and technicalities, make award
in whole or part, with or without cause, and to make the award in what
is deemed Co be in [he best interest of the City of Atlantic Beath.
PUBLIC ENTITY CRIHES - Any person submitting a bid or proposal in
response [o this invitation must execute Form YUR 7068, SWORN STATElOiNT
UNDER SECTION 287.133(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIHES,
including proper check(s), in the space(s) provided, and enclose i[
with the bid or proposal. However, if you have provided [he completed
form to the submittal address listed in this invitation and it vas
received on or after January 1, 1992, the completed form is not required
for the balance of [he calendar year.
m.
March 9, 1992
Bid No. 9192-8 - Three (3) Roll-On, Roll-Off Sludge Containers
Nailing List:
Jim Hardee Equipment
5801 E. Broadway
P. 0. Box 5537
Tampa, FL 33675
Ray Pace
9365 Phillips Highway
Jacksonville, FL 32256
Attn: Dick Hilliard
General Truck Equipment b Trailer Sales
5310 Broadway Avenue
Jacksonville, FL 32205
Nichols Truck Bodies, Inc.
1168 Cahoon Road
Jacksonville, Ft 32221
Rivers Body Fac COry, Inc.
10620 General Avenue
Jacksonville, FL 32220
CITY OF
tie S"tatk - ~leuda
eas seawotE awn
ATLA.~l1C aEAC'N, FILRaN 3221}56L5
TEI,FPIIONE 180012A'Z3800
FAX 19061 2!13803
AWARDS COMMITTEE MINOTES
TNDRSDAY, MA.RCR 26, 1992
The Awards Committee met on Thursday, March 26, 1992, a[ 2:00 PH, to
receive bld advertised as Bid No. 9192-8, Three (3) Roll-on, Roll-Off
Sludge Containers.
Present ac the bid opening were Commissioner Clenn Edwards, Chairman,
City Manager Kim Leinbach, Assistant Public Works Director Ernie Beadle,
Utilities Plan[ Division Director Tim Townsend, Building Official Don
Ford, and Purchasing Agent Joan LaVake.
Invitations to eid were sailed to five (5) prospective bidders. Only
one (1) bid vas received, from Jim Nardee Equipment of Tampa, and
there were errors in calculations contained in thac bid which would
have caused it to be rejected had there been more than one bid received.
Based on the poor response of potential bidders on [his project, the
Committee recommends [he one bid be rejected and the job re-bid.
Since [he bid opening, staff has searched for another area of interest
in bidding this project, with some success. We will make every endeavor
to achieve a productive re-bid.
Respectfully,
Joan LaVake, Purchasing hgent
April 13, 1992
Ms. Maureen King
March 20, 1992
Page 2
G I~livery -
t. Entire Code ................................................... 4 months
2. Chapter 24 .................................................... 45 days
D. Updating Diskettes. Updated diskettes of the entire
Code or Chapter 24 would be available within ten (10)
days of shipment of future Supplements. The magnetic
media delivered after supplementation will reflect [he
entire Code or Chapter, as updated through the most
recent Supplement. Previotu disks may be retained
for archival purposes.
The cost of obtaining updated diskettes would be ........_ 51.50 per page
in addition to the regulaz Supplement charges.
]Jazuse the enclosed sample dish' contains data in ASCII, it should be compatible
with WordPerfect and most other word processing programs. The individual files
on the disk may be retrieved in the same manner as your normal data files (by
using the "RUtieve' command m WordPerfect, for example). Please refer to the
enclosed brochure Cor further information.
We appreciate every opporturtiry to be of service to the Ciry and trust the above
in[ormation will be of interest
Sincerely,
Gloria P. Jacobs
Director of Marketing
By ~ Gayle White
Marketing Ass¢tant
GPJ:gw
enc.
Y
x-
r
r
•
•'
Municipal
Code
Corporation
March 20, 1992
Ms. Maureen King
City Clerk
City of Atlantic Brach
800 Seminole Aoad
Atlantic Beach, Florida 32733-5445
Dear Ms. King:
It waz a pleazure talking with you on the telephone yesterday relative to the
Atlantic Beach Code of Ordinances.
Pursuant to our discuuion, MCC offers to furnish the entire Atlantic Beach Code
or cNy Chapter 24, Zoning5ubdivisioq on diskette az follows:
A. Disk Specifications:
• 3-12 inch diameter disks, double sided, double density, 720 KB;
_ • 3-12 inch diameter disks, double sided, high density, 1.44 MB;
• •3-1/4 inch diameter disks, double sided, double density, 360 KB;
• Disks formatted for DOS 3.3 (Disk Operating System), with data in
ASCD or WordPerfect.
' Disks do not reflect pagination.
• ltte enClre Code of Ordinances would currently require approldmately
1.6 MB on your hard drive.
B. Cost Data in either ASCD or WordPerfect -
1. Entire Code ................................................... 52.000.00
2. Chapter 24, Zoning5ubdivisions ............... S 375.00
Post OIfKe Box 2235
1700 Capiel Cink. S.w.
Tallahasze. F132316
(904)576-3171
1-80026 2-CODE (trauonal)
I -800342-CODE (Fbddal
Pg 2 of 2
Continued
Since the for bidder did not submit a complete bid
package, it roe agreed to disqualify the bid. Since the
other Dids rare eo close, it ras agreed that the overall
rating would reigh strongly in favor of the award of the
Contractor.
NOTE: The recommendation roe to award the Contract to
Neadore Construction, Inc.
3. N1YAL CNILD CARE FACILITY
This permit rea an Agenda Item in January 1992. Staff
rill investigate further the statue of the permit for
raaterater.
4. 01NS OF ATLANTIC BEACN
The Committee reviered the letter submitted by Jim Lucas
dated February 2B, 1992 on behalf of the Oake of Atlantic
Beach proposed serer charges.
The Committee agreed that 81.28 for each gallon is the
City of Jacksonville ordinance end since others an the
Buccaneer ayetem do not receive this rate, it could be
unfair to provide this rate for Oaks of Atlantic Beach.
Bob Noeoy rill check rith {he Building Department to see
if a precedent has been establimhvd for trailer parka
rich only serer service and send a letter to Mr. Lucse
advising him of chat the City has required. This letter
rill advime that any application Sor •a hardship' could
have to be directed to the City Manager.
RSK/tb
ccx Commimmioner Fletcher
Ernie Beadle/Assistant to PN Director
Harry E. NeNally/Utility Plant Division Director
Ti^ N. Tornaend/Utility Plant Division Director
Dr. Ray Selman
Alan Potter
File - 92 NSCR
CITY OF
Pie beat/ - ~lauda
uao uvone::aa uvF
AMYfIC BFAI'N, FIURm132TJJ 1)81
iELFPHO~'E l9M) Ll%N
FAX leWl 2(F56U
Pg 1 of 2
April 6, 1992
N E M O R A N D U K
TO: Kies D. Leinbach/City Manager
FRON: Robert S. Koeoy/Director o£ Public Mocks ~~
RE: MATER AND SEMER COMMITTEE REPORT t15
On April 1, 1992 Coawieeioner Lywan Fletcher, Dr. Ray Salwan,
Ernie Beadle, Harry McNally, Alan Potter, and Bob Koeoy set
to diseuse current rster and serer concerns and projects. A
brief suwwary follore:
1. BUCCA~ER 1111TP EYPAtSIO! fSNHGE TAOK)
The sereene are still overloaded and the conveyor belts
are not carrying the grit to the chutes. Bob Koeoy
outlined the correspondence trail Detreen the City to the
Engineer, the Engineer to the Contractor and the
Contractor to the Engineer and City.
Sines the co.pletion date of April 21, 1992 ie
approaching East, it ras agreed thst Bob Koeoy rill trite
to Gee and Jenson and request ^ westing at the jobeite on
Friday at es00 •.^. to discuss operational proDlewe rith
the careens and conveyors. In this letter, a mitten
racowsendation frog the Project Engineer •ill be required
outlining chat should be done to correct the problewe.
This reeowwendatlon rill be requested to be delivered to
the City by no later than April 10, 1992.
2. ATLOTLC RP.ACR PATER TREATNE~T PLA07' it Am I2
I~ROYE®:'
The Did analysis rse prepared by Gee and Jenson and
reviered by the Cowwittee. An extensive re£erenee cheek
aatrix prepared by Ernie Beadle, Tiw Torneend and Bob
Koeoy ras discussed. Nuwericsl values rare assigned to
the ratings, i. e., Excellent 9-10, Very Good 7-B, Good 5-
6, Fair 3-4, and Poor 1-2.
;.
Page Tvo
Nemo to Hayor and Ci[y Commission
April 2, 1992
date. At [his time I would like to recognize the additional
reapona ibili[1ea she has assumed, as yell as her anniversary date, and
increase her rate of pay from ;7.28 to E7.64 per hour.
Trudy's experience vi th the Ci[y of Jacksonville Beach has provided her
with strong secretarial skills and municipal experience and she has
assumed her responsibilfties in this office better than I could have
hoped. I would also like to recognize her capab ili[ies and experience
by reclassifying her to "Secretary," at an hourly rate of ;7.28, to more
accurately reflect her responsibilities. The monies saved by
eliminating [he benefits will more than adequately cover these
recommended pay increases for both employees.
Ne plan to try this job sharing arrangement for the summer months and
review i[ in about three months, but see no reason to discontinue it as
long as it proves [o be beneficial to all concerned.
I, respectfully, request your consideration and approval of [he requested
changes.
,„,. ~,.:
CITY OF
rsttlartie " - ~ldacila
x00 tiF.NItiOLF RINU
i_. _- _ _-___~ _ _ _-_ - ._. AT)d]TIC tlF.LL'H. FLUR)UA )EU}5M5
TFlFPf1U~K (40x1 Et)-Ex00
~~ FA%(4001 Cti5xa5
April 7, 1992
To: The Honorable Mayor and Ci[y Commissioners
From: Maureen K£nF,. City Clerk
As you knw, Trudy vas hired in December 1991 to replace Dorothy who had
resigned her full time position vi [h the city. Ne were lucky enough [o
be able to retain Dorothy in a part-time capccity for a few hours each
week while Trudy vas learning the job. However, Dorothy felt she needed
more income Chan the par[ time hours were providing. I felt ve were
fortunate to have these [vo competent, conscientious employees so we
have worked out a job sharing arrangement which will meet both [heir
needs and will, apparently, also benefit the city.
The job sharing arrangement became effective on March 18, with Dorothy
working mornings and Trudy working afternoons with a hour or two overlap
mid day, Trudy will also attend Ci[y Commission meetings. The hours are
flexible to provide chat one of these employees will be in the office at
all times and neither one will work in excess of thirty hours per ve ek.
Trudy has assumed many of the secretarial responsibilities including
typing correspondence ana minutes while Dorothy is more comfortable
working with figures and has done an outstanding job se [t ing up the
Sett ion H assessments and coordinating the collection of annual payments
with the Duval County Tax Collector's office. The Section H
infrastructure project has certainly been one of the most significant
projects [he city has undertaken in recent years and [he coordination of
[he assessments been a huge undertaking and Dorothy is to be commended
for her work in [his area.
Harry Royal had determined chat the benefit package (owe r[1me/
compensatory time, health insurance, paid holidays, vacation pay and
pension benefits) amounts to about one third of actual salary paid. The
job sharing arrangement provides no benefits, representing a
considerable savings to the city.
You may recall that Dorothy vas reclassified from Records Management
Clerk to Secretary at the end of her probationary period. Had she
continued in her full time position, she would have received an
evaluation and merit increase on her employment anniversary dale
(Decembez 2, 1991). Instead she continued to work in her part time
position aC [he rate of pay she vas receiving prior co her anniversary
CITY OF ATLANTIC BEACH
CITY CONt1I99ION )fEEI'ItiO
' -STAFF REPORT -
AOIIiDA ITEN~ REPORT OF USUAGE OF ADELE;.CRAGE COM!{UNITY CENTER b PARKS, MARCH 1992
9UBNITTED BYE ROSE N. BLANCNARD, PARKS b RECREATION DIRECTOR
DATEi APRIL 1. 1992
HACKOROUNDt pER REQUEST'OF COI4IISSIOti, THE FOLLONING REPORT ON THE HONTHLY
USAGE OF THE ADELE GRAGE COlDfUNITY CENTER b PARKS
NARCH 1992 COHIHINITY CENTER SERVED
3 rd TAX NEtP ~ 6 people
10th ELECTION DAY 675
10th TAX HELP ~ H
12L'h RECREATION ADVISORY BOARD HEFTING 6
17th TAX HELP 10
19th NENCOHBERS CRAFTERS 10
24th ~ TAX HELP- 6
25th UNF CLASS 10
31st. TAX HELP ~ 10
TOTAL 741 people
TENNIS COURTS 6 PARRS
3rd - Children - Field Trip 60
4th " " 14
5th S 6th NO ACTIVITIES SCHEDULED.CREN PAINTED PAVILION b PICNIC TABLES
7th BIRTHDAY PARTY l2
k2[h Children - Field Trip ~~ l2
13th Reserved-Tennis Courts.- 10
13th Children - Field Trip ~ 60
14th Birthday Party SO
18th Children - Field Trip 24
2
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L~117.EtQ~GUEtOPINL~~tYIAY ~ ;9 TOTAL 308 people
AECOMMENDATION~ ~
NONE AT THIS TIHe ***
GRAND TOTAL 1049 ***
ATTACHMEtffBi NONE
REVIEWED BY CITY NANAOER~
AGENDA IT1iTf N0.
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NOTICE
OF
ILLEGIBILITY
ILLEGIBILITY OF SOME OF
THESE DOCUMENTS IS DUE
TO THE POOR QUALITY OF
THE ORIGINAL. THE FAULT
DOES NOT LIE WITH THE
CAMERA OR ITS OPERATOR.
.~~.
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I. Application for Variance filed by Neren and Dan Arlington to
conetruet a porch that encroaches _tback requirewents Sur
property knorn as 3950 Ocean Grove Driv~o
Sam Jseobaon introduced hiweelf to the board snd explained the
reasons a variance rae being requested. Ne relayed to tt,e board
the Aietory of the residence.
Attar discussion, Mr. Horse coved to approve the application.
The lotion rae seconded by Mra. Gregg and paeaed by a vote Qf 5 -
2.
There being no further business to core before the Hoard anq upon
motion duly cede end seconded the seating ree adjourned.
SIGNED:
ATTEST:___________________________ ~.
i
MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
r MARCH 17, 1992
7:00 P. M.
CITY HALL
PRESENT Gregg NcCeulie
Ruth Gregg
Samuel Horie
Robert Frohrein
Nark NcGoren
Don Yolfson
Pat PSllsore
AND Alan Jensen, City Attorney
George Yorley, II, CD Director
Pet Harris, Recording Secretary
The Chairman, Gregg NcCeulie, called the meeting to order
and asked for approval of the minutes frog the westing of
February 1B, 1992. Upon notion duly cede and seconded said
minutes rare approved.
N'eM BUSINESSt
I. Application to subdivide a large oceanfront lot iwmedietely
soutA of Ocean Breeze tacrosa from Oceanralk) rith dlsensione of
75 feet ride by 629 feet deep Siled by Dr. and hrs. Robert B. Van
Cleve.
Mr. JS^ Dupree, architect for the Van Cleves, introduced Himself
to the board and explained the reasons for the request to
sudlvide said property.
Attar discussion, Nr. Molfaon saved to approve the request and
recommend to the City Cosmiseion approval with the condition that
the oceanfront lot be lFwited to one Single-Saeily resi5fence.
The motion rae seconded and peeled by a vote of 6 - 1. '
II. Application for Variance tiled by Kent N. Baines to
construct a patio and screened porcA on property encroaching rear
setback line for property located at 1958 Beacheide Court.
Mr. Nainee introduced himself to the board end elated the reasons
a variance ram Deing requested.
f
After diecueeion Mr. Yolfeon coved to deny the application, Mr.
McGoran seconded the wotlan and the application ram denied by e
vote of 5 - 2.
i) Minutes of Community Development eoartl.
2) Proposetl Final Plat drawi g.
REVIEMED BY CITY MANAGER,.,. ~~/- ~ /u//
AGENDA ITEM NO.
`~ ---
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEN: Replat of One lot into two lots
SUBMITTED BY: George Worley, City Planner ~~L)~
DATE: April 9, 1992
BACKGROUND: ~~.~~~~
The aDPlicants.dwn a large ocean front lot immediately
south of BeatTStde~(across from Ocean--Walk) with dimensions of
75 feet wide by 624 feet deep. They desire Lo subdivide the
large lot into two smaller lore, an ocean front lot 75 feet wide
by 434 feet deep, and a street front lot 75 feet wide by 790
feet deep. An ingress/egress and utility easement is
proposed through the street lot to service the ocean front lot
as shown on the attached D?at.
The plat has been reviewed by the Community Development
Board and recommended for approval provided that the oceanfront
lot is developed only as a Single-family residence. Permanent
access to Lhe oceanfront lot must be provided for by perpetual
easement shown on Lhe final plat. The dimensions of this
easement are partly dictated by the Fire Departments minimum
Flre access requirements.
Ae proposed by the applicant, modification of the secondary
dune on the oceanfront lot will be minimized by cutting only one
narrow driveway through Lhe dune. The oceanfront hou6e will not
encroach beyond the Coastal Construction Control Line.
RECOMMENDATION:
Both the proposed lots far exceed the minimum dimensions of
Lhe RG-2 Zoning District. The access easement sheultl be
incorporated into the plat Lo provide perpetual access Lo the
ocean front lot from Seminole Rond. The Subdivision procedures
require that the Preliminary Plan be directed by the Commission
to Lhe Community Development Board for a review and
recommendation. The plat, along with the Community Development
Board recommendation, will then be submitted back Lo the
Commission for review and approval. Thi° process has been
followed. Upon approval by the Commission of this plan, the
Applicant will prepare a final plat (on mylar) for the Mayors
signature and to be recorded with the Clerk of the County Courts.
Staff recommends approval of this proposal as recommended
by the Community Development Boartl.
ATTACHMENTS:
E.
Page 2
Eesolution No. 92-9
Passed by the City Commission on April 13, 1992.
William 1. Gulliford
Mayor/Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, City Attorney
ATTEST:
Maureen zing, City Clerk
RESOLUTION NO. 97.-9
WHEREAS, from time to time uncertain it becomes necessary for
certain signatures to be rendered on various and sundry checks,
drafts, notices, acceptances, bills of exchange, orders, etc., for
the payment and withdrawal of monies, credits, items and property
on behalf of the City of Atlantic Beach, and
WHEREAS, due to vacations, illnesses, and other matters, those
individuals authorized to sign on behalf of the City of Atlantic
Beach may be unable to do so for one of the above or other reasons,
and
WHEREAS, it is proper and appropriate to have other selected
officials and/or officers of the City to sign in lieu of the
Finance Director,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COtM1ISSION OF THE CITY
OF ATLANTIC BEACH, DWAL COUNTY, FLORIDA, THAT:
Section 1. Any two (2) of the following officials, the Finance
Director, the City Manager, the City Clerk, and the Accountant are
hereby authorized to sign any and all checks, drafts, notes,
acceptances, bills of exchange, orders or other instruments for the
payment and withdrawal of any and all monies, credits, items and
property at any time held by the Banks and Federal Savings and Loan
Associations, for accounts of the City of Atlantic Beach, and
EE IT FURTHER RESOLVED THAT:
Section 2. All the foregoing authorities shall be and continue in
full force and effect until revoked or modified by written notice
actually received by said Banks and Savings and Wan Associations,
setting forth a resolution to that effect stated to have been
adopted by the City Commission of the City of Atlantic Beach,
Florida.
Section 3. Any two (2) of the following persons, whose genuine
signatures appear below, are authorized signers for the said City
in the capacity set opposite their respective signatures, to-wit:
Kirk R. Wendland, Finance
Kim D. Leinbach, City
Maureen King, City
Section 4. Any and all resolutions in conflict herewith are hereby
rescinded.
x ^ x x : x x : ^ ~ : : : ~ • * • x * • * • : • f
Page Four
Minutes of Special Called Meeting
April 2, 1992
Prosecuting Attorney Ballot
Each Commissioner vas provided with a ballot and asked to rank the three
applicants in order of preference wi [h three points being given to first
place, two points [o [hose ranked second, and one point for third plate.
A tabulation of [he votes, which are attached hereto and made a par[
hereof, indicated Ms. Green had received l2 points, Mr. Allen had 10
points, and Mr. Arnold had 8 points.
The City Manager and City Attorney were directed to enter into
negotiations with Ms. Green [o establish a fee to be paid to the
Prosecuting Attorney. Ne requested a contract be drafted for execution
by [he prosecuting attorney and the city, such contract to be renewed
annually by approval of the CS[y Commission.
There being no further business to come before the Ci[y Commission, the
Hayor declared the meeting adjourned at 9:45 PM.
Hil liam I. Gulliford, Jr.
Mayor/Presiding Officer
Maureen King, Ci[y Clerk
f
mow- ~.~_
Page Three
Minutes of Special Called Meeting
April 2, 1992
whether a bidder who had been ranked "Good" could do a satisfactory job,
to which Mr. Kosoy responded "Yes."
Lamar Braxton of Ortega Industrial Contractors, the second low bidder,
said he did not understand the system used by the city in the selection
process. He felt his company vas a responsible bidder and had never
been denied a contract on which [hey had been [he lw bidder.
John Be lloit of WPC Industrial Contractors, suggested if the city vas
concerned about the capabilities of the bidders, staff should consider
pre-qualifying [he bidders on future projects. He said he vas not
informed until two weeks after the bid opening Chat required documents
had not been included with his bid, and questioned whether the city
could have misplaced the documents. He felt the reading of [he bid
should include a check of the required documents.
The City A[[orney asked Andy Nay of Gee S Jenson vhe [her he had any
knowledge of whether the bids met or failed [o meet the qualifications
and criteria se[ forth in [he invitation. Hr. May responded Cha[ [he
bids had been submitted in duplicate and his office had checked the bids
for items such as insurance documents, and bid bonds, etc. but had no[
been involved in evaluating the references.
Tim Tow send said he vas present at the bid opening and had pointed out
immediately after the bid opening while some of the bidders were still
present, [hat WPC had not submitted a list of references. Bidders had
an opportunity to inspect the bids of other contractors and vhlle other
bidders did examine the WPC bid, only those portions of the bids
involving prices were made available [o [hose contractors.
Theresa Green, 1946 Beachside Court, expressed the opinion that I[ vas
in the best interest of the citizens of the city to award the contract
to the loves[ bidder.
Coaadasioner Fletcher awed to accept the recoaaendatioa of the Pater
aad Saver Coaad.ttee asd award the bid for eater treatment plant
i~rovenenta to Meadors Construction Co. The notion van seconded by
Coaadssioner Paters.
Commissioner Fletcher said the eater and sever committee had spent about
[vo hours reviewing the bids and examining the relevant documents. He
felt in recommending [he award of the contract to Meadors Cons trot [ion,
the committee had complied with [he requirements of the city code.
After further discussion, [he question vas called and w roll call vote
the ~o[ioo carried on a 3 - 2 vote as follws_ Coaadssioner Edwards,
Mo; Coaadsaiooer Ple[che:, Yes; Coa~issiooer Tucker, Yes; Coaalssioner
Paters, Yes; and Mayor Culliford, Po.
Page Two
Minutes of Special Called Meeting
April 2, 1992
that firm understood he was seeking this position and i[ would no[ be a
problem. Ne felt he would be accessible and could be helpful to the
city.
Following the interviews [he Mayor sought the wishes of [he City
Commission. Commissioner Waters coved to select a prosecuting attorney
that evening using written ballots. The motion vas seconded by
Co~iasioner Fdvards and vas unanimously approved.
A[ [his tile, Mayor Gulliford called a short recess and it was agreed [o
complete the written ballots following Age¢da Items Mo. 2.
TLe meeti¢q reco¢ve¢ed at 8:35 PM.
2. Renor[ and reeammendation fr¢~ the chairman of the Awards
Public Works Director, Bob Kosoy, reported six bids were opened for this
project on Hatch ll, 1992, all bids coming within the Gee b Jenson
ea [imate. efds were Chen tabulated by Gee and Jenson anL a copy of the
bid tabulation is attached hereto and made a part hereof.
City staff - Bob Kosoy, Ernie Beadle, and Tim Townsend - then
extensively checked the references provided by the bidders and rated
them using a uniform racing scale. The low b£dde r, WPC Industrial
Contractors, Lnc., did no[ submit references as required by the
invitation [o bid, and vas disqualified. Perry-McCall Construction,
Inc. and Arko Construction d Engineering, Inc., received no~rating since
[heir work vas no[ related to water and sever projects.
Mr. Kosoy explained that [he overall ratings methodology vas discussed
at [he Water and Sever Committee meeting on April 1. He said [he
award of contract procedures as outlined in Section 2-335 of the City
Code had been strictly fol loved. It vas [he recommendation of [he
committee [hat the bid be awarded to Meadors Construction Co. Inc.,
based on the fart [hat their bid vas only 1.465 higher than Che second
lw bid, but [heir overall performance rating vas 31S higher.
Commissioner Fletcher inquired further into the reference checks made by
city staff and Hr. Kosoy reported [hat all references provided by the
bidders relating [o eater and sever projects were checked but any
comments received from sources other than [hose provided by the bidders,
were not considered.
Mayor Gu111ford inquired whether by the committee's recommendation, more
weigh[ had been given to references than the price quoted for [he
project, [o vh ich Hr. Kosoy responded "No." The Mayor [hen inquired
MINUTES OF 2HE SPECIAL CALLED MEF.TINC OF ATLANTIC BEACH CITY CO.~RII SSION
HELD IN CITY MALL, H00 SEMINOLE ROAD, ATLANTIC BEACH AT 7:30 PM ON
THURSDAY, APRIL 2, 1992
The meeting was called to order a[ 7:30 PM b7 Mayor Gulliford. Present.
in addition to [he Mayor, were Commissioners Eduard s. Fletcher, Tucker,
and Yaters. Also present were City Manager Leinbach, City Attorney
Jensen, and Ci[y Clerk King.
1. Discussion a~ related action concerning interviews with applicants
fo [b po ition of Prosecuting Attorney [o the Code Enforcement
Board:
a. J. James Allen - 7:30 PM
b_ Suzanne Yorrall Green - 7:45 PM
c. Mark M. Arnold - 8:00 PM
The throe applicants were interviewed individually at the times
indicated. Each vas invited to make an opening statement, following
which the City Commissioners asked each of the applicants about his/her
qualifications and experience.
Jaws Allen introduced himself as a general trial lawyer with twelve
years experience. Ne said he vas an Atlan[SC Beach resident and had
recently moved his practice to the beach. He looked forvard to
broadening the scope of his business to include code enforcement.
Discussion ensued regarding [he extent to which the code vas violated in
Atlantic Beach and it vas the general consensus chat efforts needed to
be stepped up to bring the areas with the most violations into
compliance.
Suzame Yorrall Green said she had practiced primarily as a prosecutor
and had two years experience in Pinellas County and two years Sn [he
Slate Attorney's Office and had now opened her own practice a[ the
beach. Hs. Green said she vas inclined to be lenient with first
offenders but felt penalties should be stiff for repeat offenders.
Discussion ensued regarding filing and collecting liens and Hs. Green
said she had considerable experience with homeowners' associations and
mechanics liens.
The City Manager explained that [he Prosecuting Attorney worked with
city staff and inquired into how available Ms. Green would be to staff
members. .~ Ms. Green felt since she lived and had her office at the
beach, this would be advantageous [o [he city.
Mark Arnold ex_lained he had several years experience in rode
enforcement with the City of Jacksonville Beach and he felt his
experience would be helpful in persuading the board to assess fines and
clean up [he areas in violation, and in [he process, derive revenue for
[he city. Mr. Arnold said he vas ioining a larper law firm in June but
fi--
PAGE TWELVE
MINUTES, MARCH 23, 1992
The Mayor indicated he felt the pension request of the
employees should be addressed and he requested that this
natter be placed on the agenda for the next meeting. The
Clty Manager indicated the city had not heard from the
actuary, and the Mayor indicated the actuary should be
giving the City a report soon. The Mayor would like
this to be a city commission agenda item at the next
meeting, or as soon as possible.
There being no further business the meeting adjourned at
10:45 p. m.
A T T 6 S T:
William I. Gulliford,
Mayor/Presiding Officer
Maureen Ring, City Clerk
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PAGE ELEVEN
MINUTES, MARCH 23, 1992
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The Mayor indicated the City Manager's proposal indicated
"subsequent to identification of adequate funding within
the current fiscal year budget." The Mayor stated there
is a limitation on the funding.
The question was called and the motion carried with a
vote of 3 - 2 with Commissioner Edwards and Mayor
Gulliford voting Nay..
Commissioner Tucker indicated that if an agenda item is
not included in the material on Friday, the Commission is
not obligated to take action.
Co®isaioner Fletcher asked if it would be possible to
receive agenda packets earlier than Friday evening. This
was discussed, and the City Manager indicated his
willingness to try to get packets out earlier. He
explained that there was a cut off day on Wednesday to
get items to the City Manager's office, prior to sending
out the agenda on Friday. He indicated that he also had
a short period of time to go over agenda items in order
to get them out by Friday. No decision was reached
concerning this matter.
Co®issioner Fletcher would like the request for the
authorization of the plans for the Town Center Project to
be placed on the next Commission agenda. He indicated
the Commission would be requested to approve the plans
and dedicate the right-of-ways according to the plans.
Co®issioner Waters indicated he attended the last
Community Development Board Meeting and he pointed out
what he felt was a discrepancy in the process of granting
variances. He suggested that clarifications may be
necessary when granting variances in PUD neighborhoods.
Coaiasioner Waters indicated he would like to have a
short synopsis of what transpired at board meetings held
during each month. A discussion ensued and it was decided
that minutes of board meetings were available.
Commissioner Waters lndicated he would like minutes of
all board meetings placed in his mailbox at the City
Hall.
Co®issioner Waters gave a report concerning the Royal
Palms area and he said he had received indications that
residents of Royal Palms feel intimidated and, thus, do
not wish to become involved in code enforcement. He
indicated he will pursue in the work with the Royal Palms
Committee.
PAGE TEN
MINUTES, MARCH 23, 1992
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7. Discussion and related action regarding Fire
Marshall position
TAe City Manager stated there is a need in the community
for the establishment of a Fire Marshall. The City
Manager asked the Commission for authorization to create
the position of Fire Marshall, and he distributed a
review of the duties of this position. The City Manager
recommended Chief Rew for the position of Fire Marshall.
He indicated he would fill the position of Fire Chief,
should Chief Rew be appointed to the position of Fire
Marshall. Edwards x
' Fletcher x x
Motion: Defer until the next City Commission Tucker x x
meeting waters x
Gulliford x
Commissioner Fletcher indicated he had just received the
information concerning this matter and he was not
prepared to vote tonight.
The question was called and the motion was defeated by a
vote of 2 - 3 with Commissioners Edwards, Waters, and
Mayor Gulliford voting Nay.
Edwards x
Motion: Approve the recommendation of the Fletcher
City Managerto establish the position of Fire Tucker
Marshall waters x
Gulliford
Commissioner Fletcher asked for a point of clarification:
he inquired if the recommendation was simply to create
~
the position, to which the City Manager responded the i
~
recommendation he made in his memorandum was to create
the position subject to delineating the funds within the
current fiscal year. Commissioner Fletcher asked, if the
position was created, would it be with the understanding
that it would be funded for the balance of the year, to
which the City Manager replied that was correct.
Edwards x
substitute motion: Create the position but Fletcher x x
defer action on funding of the position Tucker x x
Waters x
Commissioner Fletcher indicated the amount of 532,000 was Gulliford x
being discussed for this position and he thought the
commission should have information as to how the position
would be funded. He indicated he was not opposed to the
concept of creating the position but he indicated he did
not understand the urgency that was involved. He added
he would like to know how the position was going to be
funded, what impact it would have on overall salaries,
and where the money was coming from.
£ ..~-.
PAGE NINE
MINUTES, MARCN 23, 1992
Barbara Bonner, 463 Selva Lakes Circle, suggested opening
up rights-of-way at beach accesses to create some new
spaces. The City Manager indicated the city was
continuing to study the feasibility of opening street
ends. Be reported the city would be conducting a study
and this would be used by city staff to recommend
additional residents-only parking spaces.
Co~ieaioner Edwards referred to the old AfiP parking lot
and suggested contacting the person who owned the
property with the intent of the city running a shuttle
back and forth to the beach, with the help of
Jacksonville. The Mayor indicated the city had contacted
JTA concerning this.
John Baillie encouraged the Commission to adopt a policy
of reopening rights-of-way so that additional parking is
available to those who wish to use the beach.
There being no further comments from the floor the Mayor
declared the public hearing closed.
Notion: Authorize the designation of Resident
Only Parking Sticker spaces on the 18th and
19th Street pazking areas as recommended by
staff
No discussion before the vote. Motion carried
unanimously.
Commissioner Waters suggested reserving parking spaces
neat to the Sea Turtle parking lot, along Ocean
Boulevard, for Atlantic Beach residents, and also the
north side of the Community Center parking lot. The
Mayor agreed with Commissioner Waters and he asked the
City Manager and staff to give a recommendation
concerning the aforementioned proposed spaces, as well as
any other spaces that could be utilized.
D. Report regarding the Co®ittee reviewing City Code
and updating same
Commissioner Fletcher indicated a meeting was held
concerning the zoning code review. An agenda was decided
upon and a meeting will beheld every Wednesday, 4:00 p.
m. in the Conference Room of the City Rall. This will be
a public meeting and public, press, and Commissioners are
invited.
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Edwards x x
Fletcher x
Tucker x
aters x x
Gulliford x
PAGE EIGHT
MINUTES, MARCH 23, 1992
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Motion: 8pprove passage of Ordinance No. 57- Edwards x x
92-18 on its First reading and set public Fletcher x
hearing for April 13, 1992 Tucker x
Waters x x
No discussion before the vote. Motion carried Gulliford x
unanimously.
6. Hew Business:
A. Short list of attorneys for Code Enforcement Board
The City Attorney presented a recommendation of three
candidates for the Commission to interview for the
position of Code Enforcement Attorney: Suzanne Green,
Mark Arnold, and Jim Allen. It was determined the
interviews will be conducted prior to the next City
Commission meeting, Monday, April 13, 1992, at 5:30 p. m.
H. Recommendation for draft ordinance relating to
gazage sales
The City Manager recommended the City Attorney draft an
ordinance based upon several provisions as set forth in
his memorandum dated March 23, 1992, copy attached. The
Mayor indicated he does not feel the adoption of this
ordinance is in the city's best interest. Commissioner
Waters indicated he felt garage sales were an unregulated
business in the city. A discussion ensued concerning the
possibility of regulating garage sales, as well as the
possibility of having to obtain an occupational license
to have a garage sale. Commissioner Fletcher reminded
everyone that complaints had been received on only one
abuser in the entire city. He indicated he would be in
favor of regulating garage sales through the occupation
license system. Commissioner Tucker agreed.
The Mayor asked City Clerk Maureen Ring to investigate
the possibility of having garage sales regulated by the
occupational license system.
C. Public hearing relative to reserved pazking spaces
regarding Residential Parking Sticker Program
The Mayor referred to a recommendation from the City
Manager for designation of parking spaces and he briefly
eaplained to the audience the streets that were involved
(18th and 19th Streets). The Mayor opened the floor for
a public hearing.
~~ ,-_
PAGE SEVEN
MINUTES, MARCH 23, 1992
C. Ordinance No. 45-92-10 - First Reading
AN ORDINANCB AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20,
TARATION, ARTICLE III, OCCUPATIONAL LICENSE TAX, SECTION
20-59, SCHEDULE OF FEES, TO ADD A CLASSIFICATION AND SET
A FEfi FOR MICRO BREWERY, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance
No. 45-92-10 on first reading.
Motion: Approve passage of Ordinance No. 45-92-10
on first reading and set for public hearing on
April 13, 1992
No discussion before the vote. The motion carried
unanimously.
D. First reading of Ordinance 65-92-21 renaming W.
12th Street as a continuation of Plaza
The City Attorney reported since there already was an
existing street named W. Plaza Street it was not possible
to rename W. 12th Street as a continuation of Plaza.
The City Manager explained what was now W. 12th Street
was to ba renamed W. Plaza; however, in research it was
found there was an existing W. Plaza which is located
near Carnation Street, Section H.
The Mayor asked staff to research further to determine if
W. Plaza Street was being utilized. If it was not being
utilized, it was suggested w. Plaza Street be
eliminated, and it would then be possible to rename W.
12th Street.
E. First reading of Ordinance 57-92-18 relating to
rotation wrecker call list
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ESTABLISHING
A ROTATING WRECKER CALL LIST, SETTING FORTH CERTAIN
REQUIREMENTS FOR WRECKER SERVICES, PROVIDING AN EFFECTIVE
DATE.
Mayor Gulliford presented in full, in writing, Ordinance
57-92-18 on first reading.
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Edwards x
Fletcher x x
Tucker x x
Waters x
Gulliford x
i
PAGE SIX
MINUTES, MARCH 23, 1992
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Along discussion ensued, and changes and additions were
suggested and agreed upon relative to both residential
and commercial garbage pickup.
Edwards x
Motion: Defer final action and continue the public Fletcher x x
hearing at the next meeting. Refer the ordinance Tucker x
barJc to the Solid Waste Co®ittee with the Waters x
aaaiatance of the City Nanager and City Attorney Gulliford x
The Commission indicated their desire to have the
ordinance prepared in its clean form, without old
language indicated by a dark background.
The question was called and the motion carried
unanimously.
Edwards x
Motion: Defer action on Resolution 92-7 Fletcher x x
(establishing the number of days for solid waste Tucker x
collection) Waters x
Gulliford x
No discussion before the vote. The motion carried i
unanimously.
The Mayor thanked Theresa Todd and the members of the
Solid Waste Committee for their hard work in the
preparation of the ordinance.
8. Ordinance No. 5-92-22 - First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VII, FINANCE, DIVISION 2,
PURCHASING, AMENDING SECTION 2-331, BIDS - WHEN REQUIRED,
TO PROVIDE THAT FORMAL BIDS SHALL BE REQUIRED FOR
PURCHASES OF SUPPLIES OR SERVICES FROM ENTERPRISE FUNDS
IN EXCESS OF 55,000, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance
No. 5-92-22 on first reading. Edwards x ~
Fletcher x x l
Motion: Approve passage of Ordinance No. 5-92-22 Tucker x
on first reading and set for public heaving on Waters x
April 13, 1992 Gulliford x
No discussion before the vote. The motion carried
unanimously.
,.,,,...
PAGE FIVE
MINUTES, MARCH 23, 1992
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City Manager Kim Leinbach reported a meeting was held
between representatives of Haskell Company, Greg
Criatovich from Selva Marina Country Club, Alan Potter,
and Hob Kosoy, Public Works Director, concerning the
status of drainage problems at Fleet Landing. The City
Manager reported there was an agreed upon plan to relieve
the drainage problem. The Army Corps of Engineers and
St. Johns Water Management District considered the
changes as minor. The DER, however, is considering it
may require a full review which could hold up the
process. The City Manager suggested lobbying the DER to
encourage them to approve the modifications as soon as
possible.
Alan Potter gave a report concerning the meeting and he
indicated after the work is completed the situation would
be the same as it was before Haskell came on the scene.
5. Ordinances-
A. Ordinance If55-92-26 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, REWRITING IN ITS ENTIRETY CHAPTER 16,
REFUSE AND GARBAGE, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, ordinance
No. 75-92-9, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience.
John Weldon indicated he thought the ordinance was
difficult to read. The Mayor introduced Theresa Todd,
Chairman of the Solid Neste Committee, and he indicated
Ms. Todd would explain the language contained 1n the new
ordinance. Ms. Todd explained the old language was
indicated by a dark background and the new language was
underlined. She answered questions from the audience and
from the Commissioners regarding the work the Committee
had done to come up with the proposed ordinance.
The proposed ordinance would increase the cost of solid
waste collection from S36 per quarter to S48 per quarter
for single-family curbside pickup.
A proposed resolution would be introduced in conjunction
with the solid waste ordinance that would reduce service
from six days per week pickup to two days per week each
for garbage and yard trash collection, and one day for
recycling.
PAGE FOUR
MINUTES, MARCH 23, 1992
added the city presently fixed pot holes and maintained
the streets so that fire trucks and garbage trucks were
able to get through the neighborhood.
The question was called and the motion carried
unanimously.
B. Discussion and related action regarding request to
waive impact fees for Reaches Habitat
Mayor Gulliford introduced Peggy O'Neill, President of
Beaches Habitat. He explained Beaches Habitat was
concerned because the impact fees they paid on the first
house they built amounted to 51,738. Beaches Habitat
planned to build two more houses and they were requesting
that the city waive the impact fees. Peggy O'Neill
introduced John Hass. Mr. Bass thanked everyone who
helped on a recent Habitat work day, and he explained the
goals of Habitat.
The Mayor asked George Worley, Community Development
Coordinator, if Community Development Grant money could
be applied to this situation. It was determined the city
had a contract with Jacksonville HUD that specified
certain work the city hoped to accomplish, but that it
was not uncommon to re-address the matter and possibly
amend the contract.
A discussion ensued concerning having the impact fee
spread over a five year period for the homeowner, to
which Peggy O'Neill replied this would be an extreme
hardship for the homeowner.
The Mayor asked George Worley to look into this and
dateraiae if the wording in the HUD contract could be
mended to enable the city to allocate 51,738 to Beaches
Habitat. The Mayor asked that this be an agenda item for
the nest Commission meeting.
5 Committee Reoorts•
Water and Sewer Committee report
Commissioner Fletcher briefly outlined the Water and
Sewer Committee Report and indicated he would be happy to
answer questions. Since there were no questions the
report was accepted and a copy of the complete report is
attached hereto and made a part hereof.
B. Fleet Landing report
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PAGE THREE
MINUTES, MARCH 23, 1992
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Rea Rogosheske, Sevilla Condominiums, stated before
George Bull passed away he indicated the streets were
dedicated to the County. Alan Jensen replied according
to the plats, the streets were not dedicated to the
county.
Stan Jones, Seminole Road, indicated he thought the money
to maintain streets in Selva Marina should come from gas
tax money, to which the Mayor replied the city could not
use gas tax money to maintain streets that the city does
not own.
William McGee, 1831 Selva Marina Drive, indicated Selva
Marina residents pay taxes like everyone else in the city
and, thus, gas tax should ba used to repair the streets.
Commissioner Waters indicated he thought the only thing
the city could do would be to repair pot holes. He felt
this was a unique and attractive area. He added the city
could adopt a long range policy over a ten year period.
Alan Potter indicated Mr. Bull intended to give the
streets to homeowners when the McCormick agreement
eapired. He indicated it was the plan of Mr. Bull to
create as part of each plat a homeowners association, and
it was the intention of Mr. Bull to transfer ownership of
the streets to the homeowners association for the purpose
of maintaining the streets. Mr. Potter urged the city to
look for a document indicating the streets were dedicated
to the homeowners.
A discussion ensued regarding the possibility of the
streets being dedicated to the county some time during
the early 1930'x.
Edwards
x
Motion: Refer the question to the City Fletcher x x
Manager and the City Attorney to explore some Tucker x x
of ibe points made from the floor and talk to Waters x
the developer Gulliford x
John Sale, 1791 Salve Marina Drive, indicated he felt the
people in this area are entitled to a safe place to live,
and the maintenance of streets by the city, to which the
Mayor replied the situation will be looked into by the
city.
Co~isaioner Waters indicated several streets in the area
are beautiful. He felt homeowners knew when they bought
the property what the condition of the streets were. He
PAGE TWO
MINUTES, MARCH 23, 1992
3. Old Business:
A. Report on ownership of streets in the Selva Marina
area
City Attorney Alan Jensen reported he received
correspondence from the Chief of Police and the Director
of Public Works regarding an evaluation that was done
relative to streets and units in Selva Marina. He
indicated the evaluation was done by England and Thims in
1983, and he indicated he also received maps of the
property and a maintenance agreement, signed by the
original developer of the property. The documents
revealed Units 10 through 12, which included basically
everything north of Saturiba Drive and west of Selves
Tierra, were all private streets. When the streets were
platted, the City Attorney explained, they were retained
for the sole and exclusive property of the developer,
which is Sevilla Development Corporation.
The City Attorney reported there is nothing in the city
records which would support the city had ever accepted or
owned the streets. Nith reference to Selva Marina Drive,
north of Saturiba, there is no evidence in the city that
reflects this is a county street.
In order to determine the actual ownershlp of the
streets, the City Attorney explained, a title search
would have to be done by a title company, but he
indicated he felt very confident that, except for Selva
Marina Drive, north of Saturiba, all the other streets
are privately owned. He explained the city had all
rights on these streets, other than ownership, that it
would normally have on any municipal street. He
eaplained the streets were not accepted for maintenance
and they were not dedicated to the city because they were
not built to city specifications. He explained the
construction and width of the streets, the turning
radius, the intersection, and the failure to remove
certain trees so that fire equipment could get through,
all contributed to the streets not being built to city
specifications.
Commissioner Edwards indicated he felt it would be
another burden on the city to take on the maintenance of
the streets, as they are not built to specifications.
It was determined the developer had a maintenance
agreement with H.B. McCormick to maintain the streets;
however, it expired three years ago.
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MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY
COMMISSION RELD IN CITY HALL, B00 SEMINOLE ROAD, AT 7:15
PM ON MONDAY, MARCH 23, 1992
PRESENT: William I. Gulliford, Jr., Mayor
Glenn A. Edwards
Ly,nan T. Fletcher
Adelaide R. Tucker, and
J. Dezmond Waters, III, Commissioners
AND: Kim D. Leinbach, City Manager
Alan C. Jensen, City Attorney
i Maureen King, City Clerk
The meeting was called to order by Mayor Gulliford. The
invocation, offered by Commissioner Fletcher, was
followed by the pledge to the flag.
1. Aparoval of the minutes of the regular meeting of
w~~.~w o 1992 and anecial called meeting of March
it 1992.
Motion: Approve minutes of the regular meeting of
March 9, 1992.
In discussion before the vote, Commissioner Edwards
requested a correction of the vote o£ the motion
directing the City Manager to draft an ordinance
regulating garage sales, page one; vote should indicate
all ayes. Also, on page four, vote of motion to deny
request to have a trailer on Sea Turtle parking lot
should indicate a vote of aye by Couwissioner Tucker.
The minutes were unanimously approved as corrected.
Motion: Approve minutes of the special called
meeting of March 11, 1992.
No discussion before the vote. The motion carried
unanimously.
Commissioner Waters referred to Wednesday meetings that
were set for himself and Commissioner Fletcher to meet
with the City Manager concerning the budget process. He
indicated the meetings have been changed from 4:00 p. m.
to 3:00 p. m. every Wednesday in the City Hail.
2. Recocmition of visitors:
Jim Lucas, Oceanwalk, thanked the Commission for the
outstanding efforts that were made to put in the sidewalk
on Seminole Road.
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Fletcher x
Tucker x x
waters x
Gullifor x
Edwards x
Fletcher x
Tucker x x
Waters x
Gullifor x
~~ 10. New Business:
A. Discussion and related action concerning hydraulic shares for
Harry Warnock (City Attorney Alan Jensen)
B. Recommendation authorizing employment of attorney for Code
Enfor<emen[ Board (City Attorney Alan Jensen)
C. Approval and authorization for Hayor to sign CDHG contract with
Jacksonville (City Planner George Worley)
D. Discussion and related action requesting authorization for
repairs and rehabi li[a[ion of sewer lines and manholes in Russell
and Howell Parks and request to bid (Public Works Director Robert
Roeoy)
I1. City Manager Reports and/or Correspondence:
A. Discussion and related action regarding Fire Marshall position
12. Mayor [o r.rt on City Coa~issionera, City Attorney and City Clerk:
A. Garage sale report (City Clerk Maureen Ring)
Adj our®en[
CITY OP ATLANTIC BEACtl
BECDLAB NESTING OF SHE CITY COMMISSION, APRIL 13, 1992, 7:15 P.N.
AGENDA
Call to Order
Invocat Son and pledge Co the flag
1. Approval of the minutes of the regular meeting of March 23. 1992,
and Special Called meeting of April 2, 1992 "~
2. Recognition of Visitors:
3. Presentations:
A. Tow Center (Commissioner Fletcher)
4. Appearances:
A. Nary Carson Bailey
5. Besolutiom:
A. Resolution 192-9 removing the name of Harry Royal from check
signing and replace it with Kirk Nendland
6. Old easiness:
A. Report oa owerahip of streets is the Selva Marina area (City
Attorney Alan Jensen)
B. Discussion and related action relating to [he adoption of
subdivision of Van Cleve property (City Plainer George Morley)
7. Consent:
A. Report on usage of the Adele Grage Community Ctr. for March
B. Action by the City Commission [o approve the recommendation of
[he City Clerk regarding clerical staff
e. Committee Beports:
A. Haler 6 Sever Committee report (Commissioner Fletcher)
B. Zoning Committee repot[ and proposal to purchase Code of
Ordinance on computer disk (Commissioner Pletcher)
C. Report and recommendation by Awards Committee Chairman
Commissioner Edwards on Bid 19192-6 roll-oa roll-off of sludge
containers
D. Beport sad recommendation by Awards C~i[tee Chairman
Commissioner Edwards on Bid 19192-9 installation of railing and
stairways at wastewater treatment plan[
9. Ordinances:
A. Continuation of Ordinance /55-92-26 regarding solid waste and
Resolution -92-7 establishing the number of days for solid waste
toile[ [Son
B. Continuation of Ordinance 040-92-17 regarding Continental
Cablevision Franchise extension
C. Final reading and public hearing of Ordinance 8i-92-22 raising
threshold for bids from ;2,500 to 55,000 for ente_ryrise funds
D. Final reading and public hearing of Ordinance 545-92-]0 [o add a
classification and set a fee for micro brevery-
E. Final reading and public hearing of Ordinance 557-92-18 relating
to rotation vreckex call list
F. Reconsideration of water treatment plan[ bid
s;.
~ bfm~sta a/
3~ 1~~~